Order Michigan Supreme Court
Lansing, Michigan
September 24, 2007 Clifford W. Taylor,
Chief Justice
133295 Michael F. Cavanagh
& (19) 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: 133295
COA: 274849
Genesee CC: 06-018000-FC
DENNIS WAYNE VAN CLEVE,
Defendant-Appellant.
_________________________________________/
By order of July 30, 2007, the prosecuting attorney was directed to answer the
application for leave to appeal the January 18, 2007 order of the Court of Appeals. On
order of the Court, the answer having been received, the application for leave to appeal is
again considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal,
we REMAND this case to the Genesee Circuit Court for resentencing. Because the
penetrations in this case did not “arise out of” the sentencing offense, OV 11 should not
have been scored at 50 points. People v Johnson, 474 Mich 96 (2006).
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.
September 24, 2007 _________________________________________
l0917 Clerk