Order Michigan Supreme Court
Lansing, Michigan
April 1, 2015 Robert P. Young, Jr.,
Chief Justice
150134 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: 150134
COA: 308654
Kent CC: 11-007667-FC
MELVIN JAMES MARSHALL,
Defendant-Appellant.
____________________________________/
On order of the Court, the application for leave to appeal the August 7, 2014
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 that part of the Court of Appeals
judgment that affirmed the trial court’s scoring of Offense Variable (OV) 13, and we
REMAND this case to the Kent Circuit Court for resentencing.
The trial court assessed 25 points for OV 13. But pursuant to MCL 777.43(2)(c),
“[e]xcept for offenses related to membership in an organized criminal group or that are
gang-related, . . . conduct scored in offense variable 11 or 12” must not be scored under
OV 13. As the Court of Appeals correctly held, the defendant’s acts of resisting or
obstructing the police would have been properly scored under OV 12, but it erred in
concluding that those acts were “related to membership in an organized criminal group”
or “gang-related.” Therefore, the trial court erred in scoring OV 13 because, without the
resisting or obstructing, there may not have been “3 or more crimes against a person.”
MCL 777.43(1)(c). Because the erroneous scoring of OV 13 changed the applicable
guidelines range, the defendant is entitled to resentencing. See People v Francisco, 474
Mich 82 (2006).
In all other respects, leave to appeal is DENIED, because we are not persuaded
that the remaining question 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.
April 1, 2015
p0325
Clerk