Order Michigan Supreme Court
Lansing, Michigan
February 7, 2020 Bridget M. McCormack,
Chief Justice
160285 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellee, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 160285
COA: 343547
Kent CC: 17-000001-FC
JAVIER CANO-MONARREZ,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the July 30, 2019
judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in
lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals as
to the scoring of Offensive Variable (OV) 17, and we REMAND this case to the Kent
Circuit Court for resentencing. The prosecuting attorney has conceded that the trial court
erred in scoring OV 17, MCL 777.47. Because correcting the OV score would change
the applicable guidelines range, resentencing is required. 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.
February 7, 2020
a0204
Clerk