Order Michigan Supreme Court
Lansing, Michigan
April 11, 2007 Clifford W. Taylor,
Chief Justice
131618 & (38) (39) 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: 131618
COA: 266840
Oakland CC: 2001-180525-FH
WILLIAM SIM SPENCER,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the June 22, 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 Oakland Circuit Court, and we
REMAND this case to the trial court for resentencing. Because the defendant’s second-
degree criminal sexual conduct convictions did not involve sexual penetration, the
defendant was improperly assessed 50 points for Offense Variable 13. The correct score
for Offense Variable 13 was 25 points. On remand, the trial court shall correct the score
on Offense Variable 13 and resentence the defendant within the appropriate statutory
sentencing guidelines range, pursuant to the evaluation under People v Cobbs, 443 Mich
276 (1993), or permit the defendant to withdraw his plea. 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. The motion for stay and motion for miscellaneous
relief are DENIED as moot.
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.
April 11, 2007 _________________________________________
s0404 Clerk