Order Michigan Supreme Court
Lansing, Michigan
July 23, 2010 Marilyn Kelly,
Chief Justice
140845 Michael F. Cavanagh
Elizabeth A. Weaver
PEOPLE OF THE STATE OF MICHIGAN, Maura D. Corrigan
Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman
v SC: 140845 Diane M. Hathaway,
COA: 295673 Justices
Oakland CC: 2009-224699-FC
JAJUAN DESHAWN WILLIAMS,
Defendant-Appellant.
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On order of the Court, the application for leave to appeal the February 12, 2010
order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we VACATE the sentence of the Oakland Circuit Court and
REMAND this case to the trial court for resentencing. Because conduct subject to
scoring under Offense Variable (OV) 12, MCL 777.42, must be considered under that
variable before it is considered under OV 13, see People v Bemer, 286 Mich App 26
(2009), and because conduct already scored under OV 12 must not be scored under OV
13, see MCL 777.43(2)(c), it appears that the defendant should have been assessed 5
points under OV 12, rather than 25 points under OV 13. The resulting change in the
defendant’s total OV score produces a lower applicable guidelines range, and the
defendant is therefore entitled to resentencing. See People v Francisco, 474 Mich 82
(2006).
YOUNG, J. (concurring).
I concur in the order remanding this case for resentencing only because we are
bound to do so under People v Francisco, 474 Mich 82 (2006). I write separately to
reiterate my continued adherence to Justice CORRIGAN’s dissenting opinion in Francisco.
Just as in Francisco, the current defendant’s minimum sentence falls within the corrected
minimum sentencing guidelines range. Accordingly, but for Francisco, I would hold that
any error in scoring the guidelines was harmless and deny leave to appeal.
CORRIGAN, J., joins the statement of YOUNG, J.
WEAVER, J. (dissenting).
I dissent. I would affirm and overrule People v Francisco, 474 Mich 82 (2006).
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.
July 23, 2010 _________________________________________
p0720 Clerk