Order Michigan Supreme Court
Lansing, Michigan
October 30, 2009 Marilyn Kelly,
Chief Justice
139309 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: 139309
COA: 291210
Gogebic CC: 2008-000109-FH
ORLANDO RAY GRAY,
Defendant-Appellant.
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On order of the Court, the application for leave to appeal the June 1, 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 VACATE the sentence of the Gogebic Circuit Court and we
REMAND this case to the trial court for resentencing. On remand the trial court shall
reconsider the scoring of OV 15 in light of this Court’s opinion in People v McGraw, 484
Mich 120 (2009). The trial 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). In all other respects, the application for leave to appeal
is denied because we are not persuaded that the question presented should be reviewed by
this Court.
CORRIGAN, J. (concurring).
I concur in the order remanding for resentencing so that the sentencing court can
consider whether this Court’s decision in People v McGraw, 484 Mich 120 (2009),
affects the scoring of offense variable 15, but I continue to adhere to my dissenting
opinion in McGraw, 484 Mich at 136.
WEAVER, J. (dissenting).
I dissent because I would not vacate the sentence and remand this case. Instead, I
would grant leave to appeal in order to reconsider People v McGraw, 484 Mich 120
(2009), for the reasons stated in the dissenting opinion in that case, id. at 136.
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.
October 30, 2009 _________________________________________
l1027 Clerk