Order Michigan Supreme Court
Lansing, Michigan
October 20, 2006 Clifford W. Taylor,
Chief Justice
130244 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: 130244
COA: 265346
Oakland CC: 2003-192859-FH
ANDREW JOSEPH CASCHERA,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the November 4, 2005
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 judgment of sentence and REMAND this case
to the Oakland Circuit Court for resentencing. Under People v Johnson, 474 Mich 96
(2006), the trial court erred in its scoring of OV 11. Although the defendant entered a
plea agreement pursuant to People v Cobbs, 443 Mich 276 (1993), to be sentenced at the
bottom of the guidelines range, which was then believed to be 84 months, that was not
the correct guidelines minimum in light of Johnson, supra. Because the defendant’s
sentence was based on an inaccurate calculation of the guidelines range, he is entitled to
be resentenced. Johnson, 474 Mich at 103.
WEAVER and CORRIGAN, JJ., would deny leave to appeal.
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 20, 2006 _________________________________________
s1017 Clerk