People of Michigan v. Russell Roberson ( 2017 )

Order Michigan Supreme Court
Lansing, Michigan
January 24, 2017 Stephen J. Markman,
Chief Justice
154116 Robert P. Young, Jr.
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 154116
COA: 324668
Wayne CC: 14-005563-FC
RUSSELL ROBERSON,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the June 2, 2016
judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in
lieu of granting leave to appeal, we VACATE that part of the Court of Appeals judgment
addressing the scoring of Offense Variable 7 (OV 7), MCL 777.37. The trial court record
does not reveal an assessment of a base level of fear or anxiety associated with the
offense of assault with intent to murder, and does not include a determination whether the
defendant’s conduct was intended to increase the victim’s fear or anxiety by a
considerable amount. See People v Hardy, 494 Mich. 430, 442-443 (2015). We
REMAND this case to the Wayne Circuit Court to make the determinations required
under Hardy for deciding whether points should be assigned for OV 7, using the version
of the sentencing guidelines in effect on the date that the sentencing offense was
committed. MCL 769.34(2). If, after making the determinations required under Hardy,
the circuit court determines that OV 7 was correctly scored, it shall implement the relief
ordered by the Court of Appeals pursuant to People v Lockridge, 498 Mich. 358, 398-399
(2015). If the circuit court determines that zero points should have been assigned for OV
7, it shall resentence the defendant. People v Francisco, 474 Mich. 82 (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
p0117
Clerk