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PEOPLE v. McGRAW

Docket No. 132876. Calendar No. 2.

771 N.W.2d 655 (2009)

484 Mich. 120

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Matthew Lloyd McGRAW, Defendant-Appellant.

Supreme Court of Michigan.

Decided July 28, 2009.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, B. Eric Restuccia, Solicitor General, Michael D. Thomas, Prosecuting Attorney, and Randy L. Price, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Anne Yantus and Kim M. McGinnis), Detroit, for the defendant.

Brian A. Peppler and Timothy K. Morris for the Prosecuting Attorneys Association of Michigan.

MARILYN J. KELLY, C.J.

This case involves further analysis of the issue presented in People v. Sargent.1 There we held that offense variable (OV) 9 in the sentencing guidelines2 cannot be scored using uncharged acts that did not occur during the same criminal transaction as the sentencing offense. Today we decide whether the offense variables should be scored solely on the basis of conduct occurring...

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