Order Michigan Supreme Court
Lansing, Michigan
July 15, 2010 Marilyn Kelly,
Chief Justice
140135 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman
Plaintiff-Appellee, Diane M. Hathaway,
Justices
v SC: 140135
COA: 294249
Macomb CC: 2003-002588-FC
GARY ANTHONY HOBBS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 20, 2009
order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Macomb Circuit Court for
resentencing. It appears that offense variable 11 was misscored by including multiple
sexual penetrations of the victim by the offender beyond the sentencing offense. See
MCL 777.41(2). Because the applicable guidelines range may be lower than the one
within which the defendant was originally sentenced, resentencing may be required.
People v Francisco, 474 Mich 82 (2006). On remand, the court shall sentence the
defendant within the appropriate sentencing guidelines range, or articulate on the record a
substantial and compelling reason for departing from the sentencing guidelines range in
accordance with People v Babcock, 469 Mich 247 (2003).
We retain jurisdiction.
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 15, 2010 _________________________________________
0708 Clerk