Order Michigan Supreme Court
Lansing, Michigan
March 23, 2011 Robert P. Young, Jr.,
Chief Justice
141779 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra,
Plaintiff-Appellant, Justices
v SC: 141779
COA: 290747
Lenawee CC: 07-013418-FH
PAUL ALLISON CORRIN, SR.,
Defendant-Appellee.
_________________________________________/
By order of November 22, 2010, the application for leave to appeal the July 27,
2010 judgment of the Court of Appeals was held in abeyance pending the decision in
People v Smith (Docket No. 140371). On order of the Court, the case having been
decided on December 29, 2010, 488 Mich 193 (2010), the application is again 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. Offense variable (OV) 19 was properly
scored by the trial court because that offense variable provides for the consideration of
conduct after the completion of the sentencing offense. People v Smith, 488 Mich 193
(2010). OV 12 was properly scored by the trial court for the reasons stated in the Court
of Appeals dissent. The psychological injury suffered by the victim’s family members
and the likelihood of the defendant reoffending were properly considered by the trial
court as substantial and compelling reasons that justify a departure from the statutory
sentencing guidelines. Further, we are not persuaded that the standards set forth in
People v Hill, 221 Mich App 391, 398 (1997), require reassigning the case to a different
judge. Accordingly, we REMAND this case to the Lenawee Circuit Court so that the
resentencing ordered by the Court of Appeals can occur before the same judge. 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 23, 2011 _________________________________________
0316 Clerk