Order Michigan Supreme Court
Lansing, Michigan
March 21, 2012 Robert P. Young, Jr.,
Chief Justice
143996 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Plaintiff-Appellee, Justices
v SC: 143996
COA: 296932
Calhoun CC: 2009-001269-FH
MARQUIS DEANGELO NELSON,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the July 19, 2011
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 with
respect to guidelines scoring of Offense Variable 1, MCL 777.31, and Offense Variable
13, MCL 777.43, for the reasons stated in the Court of Appeals dissenting opinion, and
we REMAND this case to the Calhoun Circuit Court for resentencing. The circuit court
shall apply the preponderance of the evidence standard to its scoring decisions, and any
review by the Court of Appeals shall be for clear error. People v Osantowski, 481 Mich
103 (2008). 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, Corbin R. Davis, 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 21, 2012 _________________________________________
y0314 Clerk