Order Michigan Supreme Court
Lansing, Michigan
November 27, 2007 Clifford W. Taylor,
Chief Justice
134431 Michael F. Cavanagh
Elizabeth A. Weaver
PEOPLE OF THE STATE OF MICHIGAN, Marilyn Kelly
Plaintiff-Appellee, Maura D. Corrigan
Robert P. Young, Jr.
v SC: 134431 Stephen J. Markman,
Justices
COA: 266078
Berrien CC: 2005-402405-FH
THOMAS RAY SPANGLER,
Defendant-Appellant.
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On order of the Court, the application for leave to appeal the May 22, 2007
judgment of the Court of Appeals is considered, and it is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court.
CAVANAGH and KELLY JJ., would grant leave to appeal.
MARKMAN, J., dissents and states as follows:
I would grant leave to appeal in this case to consider when offense variable (OV)
19 is properly scored. Ten points are scored for OV 19 where the defendant has
“interfered with or attempted to interfere with the administration of justice.” MCL
777.49(c). In this case, defendant hid himself and items used in methamphetamine
production in a closet when the police arrived at the house to investigate a crime
committed by another person. For doing so, he was scored ten points under OV 19.
Given that it would be extraordinary for a criminal perpetrator not to attempt to hide
evidence of his or her crime or to make such crime less detectable, it would seem that OV
19 would almost always be scored under the trial court’s interpretation. Perhaps this is
consistent with OV 19, but, if that was the Legislature’s intention, it would seem that it
would have simply increased the base level for theft offenses and other criminal offenses
involving contraband. Because the guidelines are more than hortatory, and must be
construed in the same fashion as any other binding law of this state, I would grant leave
to enable a closer review of the Legislature’s intentions. See People v Barbee, 470 Mich
283 (2004).
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.
November 27, 2007 _________________________________________
p1120 Clerk