Sentencing; Scoring of OV 3; Whether the defendant was entitled to resentencing; People v. Francisco

In an order in lieu of granting leave to appeal, the court reversed in part the Court of Appeals judgment (see e-Journal # 57412 in the 7/23/14 edition), vacated the sentence imposed by the trial court, and remanded the case to the trial court for resentencing. The court noted that had OV 3 “not been scored, the correct guidelines range was 84 to 140 months, rather than the range of 87 to 145 months on which the defendant’s sentence was based.” Thus, he was entitled to relief under the rationale of Francisco. The court denied leave to appeal in all other respects because it was not persuaded that it should review the remaining questions presented.