People of Michigan v. Sherron Deshawn Davis ( 2017 )

Order Michigan Supreme Court
Lansing, Michigan
May 24, 2017 Stephen J. Markman,
Chief Justice
Brian K. Zahra
Bridget M. McCormack
154710 David F. Viviano
Richard H. Bernstein
Joan L. Larsen
PEOPLE OF THE STATE OF MICHIGAN, Kurtis T. Wilder,
Plaintiff-Appellee, Justices
v SC: 154710
COA: 326932
Wayne CC: 15-000361-FC
SHERRON DESHAWN DAVIS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the September 15, 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 the sentence of the Wayne Circuit Court,
and we REMAND this case to the trial court for resentencing. As the prosecutor
concedes, the trial court erred in scoring Offense Variable (OV) 13, MCL 777.43, at 25
points, because the sentencing offense was not part of a pattern of felonious criminal
activity involving three or more crimes against a person. The defendant did not commit
three crimes against a person within a five-year period, and no points should have been
scored. Because correcting the OV score would change the applicable guidelines range,
resentencing is required. People v Francisco, 474 Mich. 82 (2006). In all other respects,
leave to appeal is DENIED, because we are not persuaded that the remaining question
presented should be reviewed by this Court.
WILDER, J., did not participate because he was on the Court of Appeals panel.
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.
May 24, 2017
d0517
Clerk