Order Michigan Supreme Court
Lansing, Michigan
June 28, 2011 Robert P. Young, Jr.,
Chief Justice
142868 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
Brian K. Zahra,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellant,
v SC: 142868
COA: 292529
CORDARRELL ISIAH SIMS, Macomb CC: 2008-000791-FC
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the February 15, 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, in part, the judgment of the Court of
Appeals. The Court of Appeals erred in ordering resentencing based on the scoring of
Offense Variable 13 under MCL 777.43. This Court’s decision in People v Jackson, 487
Mich 483 (2010), does not require resentencing if the inaccurate score did not affect the
applicable sentencing guidelines range. Where a scoring error does not alter the
guidelines range, resentencing is not required. People v Francisco, 474 Mich 82, 89 n 8
(2006). 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.
June 28, 2011 _________________________________________
h0620 Clerk
People of Michigan v. Cordarrell Isiah Sims
Combined Opinion