Order Michigan Supreme Court
Lansing, Michigan
February 4, 2015 Robert P. Young, Jr.,
Chief Justice
149264 & (16) Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein,
Plaintiff-Appellee, Justices
v SC: 149264
COA: 320306
Oakland CC: 2013-246422-FC
CHRISTOPHER LEE BENNETT,
Defendant-Appellant.
_____________________________________/
By order of October 22, 2014, the prosecuting attorney was directed to answer the
application for leave to appeal the March 19, 2014 order of the Court of Appeals. On
order of the Court, the answer having been received, the application for leave to appeal is
again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal,
we VACATE the sentence of the Oakland Circuit Court and REMAND this case to the
trial court for resentencing. As the prosecuting attorney concedes, the defendant should
not have been assessed 25 points for offense variable (OV) 13. The conspiracy offense
for which he was convicted is not a “crime[] against a person” under MCL 777.43(1)(c),
as it is a “crime[] against public safety.” MCL 777.18; People v Bonilla-Machado, 489
Mich 412 (2011). On remand, the trial court shall sentence the defendant within the
appropriate sentencing guidelines range or, if it cannot follow its preliminary sentence
evaluation under People v Cobbs, 443 Mich 276 (1993), permit him to withdraw his plea.
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.
February 4, 2015
h0128
Clerk