People v. Nelson

491 Mich. 869

809 N.W.2d 564

PEOPLE of the State of Michigan, Plaintiff–Appellee,

v.Marquis Deangelo NELSON, Defendant–Appellant.

Docket No. 143996.COA No. 296932.

Supreme Court of Michigan.

March 21, 2012.

Prior report: Mich.App., 2011 WL 2858476.

Order

On order of the Court, the application for leave to appeal the July 19, 2011 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals with respect to guidelines scoring of Offense Variable 1, MCL 777.31, and Offense Variable 13, MCL 777.43, for the reasons stated in the Court of Appeals dissenting opinion, and we REMAND this case to the Calhoun Circuit Court for resentencing. The circuit court shall apply the preponderance of the evidence standard to its scoring decisions, and any review by the Court of Appeals shall be for clear error. People v. Osantowski, 481 Mich. 103, 748 N.W.2d 799 (2008). In all other respects, leave to appeal...