Order Michigan Supreme Court
Lansing, Michigan
March 23, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
151382 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 151382
COA: 319039
Wayne CC: 13-002517-FH
MAHER MOHAMMED NAWWAS,
Defendant-Appellant.
____________________________________/
By order of September 29, 2015, the prosecuting attorney was directed to answer
the application for leave to appeal the February 12, 2015 judgment of the Court of
Appeals. On order of the Court, the answer having been received, the application for
leave to appeal is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting
leave to appeal, we REVERSE in part the judgment of the Court of Appeals, we
VACATE the sentence of the Wayne Circuit Court, and, based on the prosecutor’s
response confessing error and stating that the defendant is entitled to resentencing, we
REMAND this case to the trial court for resentencing. The Sentencing Information
Report indicates that the trial court only scored the sentencing guidelines for the
defendant’s violation of MCL 750.227. “Offense variables are properly scored by
reference only to the sentencing offense except when the language of a particular offense
variable statute specifically provides otherwise.” People v McGraw, 484 Mich 120, 135
(2009). The trial court erred in scoring offense variable 9, MCL 777.39, based on a
finding that two to nine victims were placed in danger of physical injury or death in
relation to the defendant’s violation of MCL 750.227. 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.
March 23, 2016
a0316
Clerk