Order Michigan Supreme Court
Lansing, Michigan
June 5, 2013 Robert P. Young, Jr.,
Chief Justice
146776 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano,
Plaintiff-Appellee, Justices
v SC: 146776
COA: 307054
Kent CC: 10-010055-FC
RICHARD DAMIEN OSBORNE,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the February 14, 2013
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and
we REMAND this case to the Court of Appeals for consideration of the merits of the
defendant’s challenges to Offense Variable (OV) 9, MCL 777.39; OV 11, MCL 777.41;
and OV 13, MCL 777.43. The plea hearing transcript shows that the defendant did not
agree to a specific minimum-sentence range of 42 to 70 months. Rather, the prosecutor
agreed to recommend a sentence within this range. As a result, the defendant did not
bind himself to a particular guidelines range as part of his plea agreement and did not
waive his challenges to the offense variable scoring.
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.
June 5, 2013
t0529
Clerk