Order Michigan Supreme Court
Lansing, Michigan
May 27, 2008 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
135837 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 135837
COA: 281518
Genesee CC: 07-019851-FH;
MICHAEL PAUL WHITMAN, 07-019867-FH
Defendant-Appellant.
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On order of the Court, the application for leave to appeal the January 7, 2008 order
of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of
granting leave to appeal, we VACATE the defendant’s sentences and we REMAND
these cases to the Genesee Circuit Court for resentencing. The reduction in the
defendant’s offense variable score resulting from the correction of the score for OV 9,
which the prosecutor conceded should be zero points in both cases, reduces the
defendant’s minimum sentencing guidelines range to 78 to 130 months in Docket No. 07-
019851-FH, and to 72 to 120 months in Docket No. 07-019867-FH. Moreover, the
sentencing court’s statements on the record in denying the defendant’s postjudgment
motion for resentencing do not clearly indicate whether the court would impose the same
sentences regardless of any scoring error. Therefore, resentencing is required. MCL
769.34(10); People v Francisco, 474 Mich 82 (2006); People v Lathrop, 480 Mich 1036
(2008). 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.
We do not 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.
May 27, 2008 _________________________________________
d0519 Clerk