Sentencing; Scoring of OV 4; MCL 777.34; Whether the victims suffered serious psychological injury requiring professional treatment; People v. White; People v. Wellman; People v. McChester; Scoring of OV 5; MCL 777.35; Whether the victims’ family members suffered serious psychological injury requiring professional treatment; Scoring of OV 17; MCL 777.47; Effect of the involvement of a vehicle; MCL 777.22(1) & (2); People v. McGraw; Resentencing; People v. Francisco; People v. Sours; People v. Carpenter; PRV Level C; MCL 777.62

The court held that because defendant’s sentence was within the recommended minimum sentencing guidelines range, he was not entitled to resentencing. He was convicted of three counts of assault with intent to murder for hitting three victims with his truck and then failing to stop. The jury found him guilty but mentally ill on all three counts. The trial court sentenced him to concurrent terms of 12 to 30 years for each conviction. On appeal, the court found that although the trial court erred in scoring OVs 4 and 5, “[b]ecause defendant’s actions displayed a concurrent negligence apart from his sentencing convictions,” it did not err in assessing five points under OV 17. Thus, it concluded that although “OV 4 and OV 5 were improperly scored, the proper scoring of OV 17 leaves defendant’s modified OV score at 101 points. This continues to place him at OV Level VI and the applicable sentencing guidelines range" was still the original 135 to 225 months. Affirmed.