PEOPLE v. HARDY

Docket Nos. 144327, 144979. Calendar Nos. 2, 3.

835 N.W.2d 340 (2013)

494 Mich. 430

PEOPLE v. HARDY. People v. Glenn.

Supreme Court of Michigan.

Decided July 29, 2013.


Attorney(s) appearing for the Case

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Jessica R. Cooper , Prosecuting Attorney, and Kathryn G. Barnes , for the people in People v. Hardy.

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, Henry C. Zavislak , Prosecuting Attorney, and Jerrold Schrtoenboer , Chief Appellate Attorney, for the people in People v. Glenn.

Ronald D. Ambrose for defendant Donald Michael Hardy.

Linda D. Ashford, P.C., Detroit (by Linda D. Ashford ), for defendant Devon DeCarlos Glenn, Jr.

Bill Schuette , Attorney General, John J. Bursch , Solicitor General, and Mark G. Sands , Assistant Attorney General, for Amici Curiae the Attorney General.

James L. Howard for Amici Curiae David Scott Farnen.


VIVIANO, J.

In these consolidated cases, we consider the proper assessment of points under offense variable (OV) 7 (aggravated physical abuse).1 Specifically, our focus is on what type of conduct under OV 7 constitutes "conduct designed to substantially increase the fear and anxiety a victim suffered during the offense."2 In both cases, the circuit courts concluded that the defendants' respective conduct supported...

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