Order Michigan Supreme Court
Lansing, Michigan
October 17, 2007 Clifford W. Taylor,
Chief Justice
133654 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 133654
COA: 274110
Macomb CC: 2004-003971-FC
MARK ALLEN WOOLSEY,
Defendant-Appellant.
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On order of the Court, the application for leave to appeal the December 6, 2006
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 sentence of the Macomb Circuit Court and we
REMAND this case to the circuit court for resentencing under properly scored sentencing
guidelines. People v Kimble, 470 Mich 305 (2004). A defendant is entitled to be scored
on the basis of accurate information, which includes accurately scored guidelines. People
v Francisco, 474 Mich 82, 88-89 (2006). The defendant argues that he should have
received zero points for OV 3, as is appropriate when “[n]o physical injury occurred to a
victim.” MCL 777.33(1)(f). Here, the evidence was insufficient to support a score of 5
points for OV 3. While resentencing would “not [be] required where the trial court has
clearly indicated that it would have imposed the same sentence regardless of the scoring
error and the sentence falls within the appropriate guidelines range” [People v Mutchie,
468 Mich 50, 51 (2003)], the trial court neither gave a reason to deny the defendant’s
objection to the scoring of OV 3 nor did it state that it would impose the same sentence
regardless of the scoring error. On remand, 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, 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.
October 17, 2007 _________________________________________
s1010 Clerk