Order Michigan Supreme Court
Lansing, Michigan
January 29, 2014 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
147377 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 147377
COA: 311244
Kent CC: 11-008862-FC
REGAN ADAM REYNOLDS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the May 16, 2013 order
of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we VACATE the sentences of the Kent Circuit Court and
REMAND this case to the trial court for resentencing. When scoring Offense Variables
12 and 13 of the sentencing guidelines, the trial court considered the defendant’s
conspiracy conviction to be a crime against a person. A conspiracy conviction cannot be
scored as a crime against a person pursuant to People v Bonilla-Machado, 489 Mich 412
(2011), and People v Pearson, 490 Mich 984 (2012). On remand, the trial court shall
score OV 12 at 1 point and OV 13 at 0 points. In all other respects, leave to appeal is
DENIED, because we are not persuaded that the remaining questions presented should be
reviewed by this Court.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
January 29, 2014
s0122
Clerk