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PEOPLE v. DUMBACK

No. 345467.

950 N.W.2d 493 (2019)

330 Mich.App. 631

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Tiffany Lyn-Dee DUMBACK, Defendant-Appellant.

Court of Appeals of Michigan.

Decided December 17, 2019, 9:05 a.m.

Attorney(s) appearing for the Case

Eaman & Gabbara PLLC, Detroit (by Jennifer J. Qonja and Suzan Gabbara ), for Tiffany Dumback.

Amicus Curiae: Criminal Defense Attorneys of Michigan (by Jacqueline J. McCann ).

Before: Murray, C.J., and Sawyer and Gleicher, JJ.

The legislative sentencing guidelines counsel the assessment of 100 points for Offense Variable (OV) 3 when "[a] victim was killed" as a result of "the commission of the sentencing offense, but only if "homicide is not the sentencing offense." MCL 777.33(1)(a) and (2)(b). For purposes of scoring the guidelines, "homicide" includes

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