People of Michigan v. Roderick Antoniodion Davis ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
December 21, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
154087 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 154087
COA: 332800
Kent CC: 15-001236-FH
RODERICK ANTONIODION DAVIS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the June 22, 2016 order
of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of
granting leave to appeal, we VACATE the sentence of the Kent Circuit Court, and we
REMAND this case to that court for resentencing. The circuit court erred in assigning 10
points for Offense Variable 9 (OV 9), MCL 777.39, where fewer than two victims were
placed in danger of physical injury or loss of life. Because correcting the OV score
changes the applicable guidelines range, resentencing is required. People v Kimble, 470
Mich. 305 (2004).
I, Larry S. Royster, 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.
December 21, 2016
s1214
Clerk