Sentencing; Scoring of OV 7; People v. Hardy; MCL 769.34(2); People v. Lockridge; People v. Francisco; Assault with intent to murder (AWIM)

In an order in lieu of granting leave to appeal, the court vacated the part of the Court of Appeals judgment (see e-Journal # 62878 in the 6/27/16 edition) addressing the trial court’s scoring of OV 7, and remanded the case to the trial court. The court concluded that the trial court record did not show “an assessment of a base level of fear or anxiety associated with the offense” of AWIM, and did not “include a determination whether the defendant’s conduct was intended to increase the victim’s fear or anxiety by a considerable amount.” The court directed the trial court on remand “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.” If after doing so it “determines that OV 7 was correctly scored, it shall implement the relief ordered by the Court of Appeals pursuant to” Lockridge. If it determines that 0 points should have been scored for OV 7, it shall resentence defendant. The court denied leave to appeal in all other respects because it was not persuaded that it should review the remaining questions presented.