Order Michigan Supreme Court
Lansing, Michigan
February 1, 2008 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
135126 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman,
Justices
Plaintiff-Appellee,
v SC: 135126
COA: 269620
Wayne CC: 05-010643-01
CURTIS ANTHONY GOODMAN,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the August 28, 2007
judgment 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 this case to the Wayne Circuit Court for resentencing under properly scored
guidelines. People v Kimble, 470 Mich 305 (2004). The defendant should have been
scored zero points for OV 11 where there was no record evidence to support a finding
that any charged or uncharged criminal sexual penetration arose out of a sentencing
offense. MCL 777.41(2)(a); People v Johnson, 474 Mich 96 (2006). 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.
CORRIGAN, J., not participating for the reasons stated in People v Parsons, order
of the Supreme Court, entered March 6, 2007 (Docket No. 132975).
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.
February 1, 2008 _________________________________________
d0129 Clerk