in Re Carl Tyrese Amarna Howard ( 2017 )

Order Michigan Supreme Court
Lansing, Michigan
January 24, 2017 Stephen J. Markman,
Chief Justice
Robert P. Young, Jr.
Brian K. Zahra
151515 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
SC: 151515 Justices
In re CARL TYRESE AMARNA HOWARD. COA: 324326
Saginaw CC: 13-033663-DJ
_________________________________________/
On order of the Court, the application for leave to appeal the March 12, 2015 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 Saginaw Circuit Court for the
defendant’s June 19, 2013 armed robbery offense, and we REMAND this case to the trial
court for resentencing on that offense. The defendant was improperly assigned ten points
on Offense Variable (OV) 9, MCL 777.39, because there was only one victim at the time
that the crime was committed. MCL 777.39(1)(d). On remand, the trial court shall
rescore this variable at zero points. The resulting change in the defendant’s total OV
score produces a lower guidelines range, entitling the defendant to resentencing. See
People v Francisco, 474 Mich. 82, 88-90 (2006). 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.
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.
January 24, 2017
s0117
Clerk