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PEOPLE v. SMITH

Docket No. 140371. Calendar No. 11.

793 N.W.2d 666 (2010)

488 Mich. 193

PEOPLE of the State of Michigan, Plaintiff-Appellant v. David Ray SMITH, Defendant-Appellee.

Supreme Court of Michigan.

Decided December 29, 2010.

Attorney(s) appearing for the Case

Michael A. Cox , Attorney General, B. Eric Restuccia , Solicitor General, Henry C. Zavislak , Prosecuting Attorney, and Jerrold Schrotenboer , Chief Appellate Attorney, for the people.

Law Office of John D. Roach, Jr., PLC (by John D. Roach, Jr. ), Detroit, for defendant.

Anne Yantus for amici curiae the Criminal Defense Attorneys of Michigan.

William J. Vailliencourt, Jr. , for amici curiae the Prosecuting Attorneys Association of Michigan.

Anne Yantus , Detroit, for amici curiae the Criminal Defense Attorneys of Michigan.

Opinion

YOUNG, J.

The issue presented in this case is whether offense variable (OV) 19, MCL 777.49, may be scored for aggravating conduct that occurred after the sentencing offense was completed. In People v. McGraw, this Court held that "[o]ffense variables must be scored giving consideration to the sentencing offense alone, unless otherwise provided in the particular variable."1 Here, we hold that because the circumstances...

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