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PEOPLE v. BALL

Docket No. 303727.

823 N.W.2d 150 (2012)

297 Mich. App. 121

PEOPLE v. BALL.

Court of Appeals of Michigan.

Decided June 19, 2012, at 9:20 a.m.

Attorney(s) appearing for the Case

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Henry Zavislak , Prosecuting Attorney, and Jerrold Schrotenboer , Chief Appellate Attorney, for the people.

Ronald D. Ambrose , for defendant.

Before: HOEKSTRA, P.J., and SAWYER and SAAD, JJ.

SAWYER, J.

We are asked to determine whether the delivery of heroin in a drug transaction constitutes the aggravated use of a weapon under offense variable (OV) 1 of the sentencing guidelines. We conclude that while heroin could, under the appropriate fact situation, constitute the aggravated use of a weapon, that it is not the case in an ordinary drug transaction. That is, for points to be assessed under OV 1, the heroin...

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