Sentencing; Scoring of OV 13; MCL 777.43(1)(c) & (2)(a); People v. Hardy

In an order in lieu of granting leave to appeal, the court vacated the defendant’s sentence and remanded the case to the trial court for resentencing. The PSIR and the sentencing transcript indicated that he was assessed 25 points for OV 13 “based on out-of-state charges or accusations, but the record provides no facts in support of the score. Before any such alleged crimes may be used to score OV 13, the prosecution must prove by a preponderance of the evidence that the crimes actually took place, that the defendant committed them, that they are properly classified as felony ‘crimes against a person,’ MCL 777.43(1)(c), and that they occurred ‘within a 5-year period’ of the sentencing offense. MCL 777.43(2)(a).”