Sentencing; Scoring of OV 13; “Continuing pattern of criminal behavior”; MCL 777.43(1); Whether the offense was part of a pattern of felonious criminal activity; MCL 777.43(1)(d); Consideration of all crimes within a 5-year period; MCL 777.43(2)(a); People v. Francisco; People v. Nix; Scoring of OV 19; Interference with the administration of justice; MCL 777.49(c); People v. Hershey; Proportionality; Principle that the court must affirm a within-guidelines sentence; MCL 769.34(10); People v. Schrauben; Court costs; MCL 769.1k(1)(b)(iii); People v. Cameron

Holding that there were no errors in sentencing, the court affirmed defendant’s sentence. He was convicted of CSC III for engaging in sexual intercourse with the 15-year-old victim, who purportedly had developmental issues and functioned on the level of an 8-year-old child, and who became pregnant and gave birth to a child. The trial court sentenced him to 8½ to 15 years. On appeal, the court rejected his argument that the trial court erred by scoring 10 points for OVs 13 and 19. As to OV 13, it found that “the trial court properly considered defendant’s subsequent convictions when it determined [he] engaged in a pattern of felonious conduct involving three crimes against a person or property in a five-year period that encompassed the sentencing offense.” As to OV 19, it found that because he “fled the jurisdiction, took overt measures to avoid speaking to law enforcement, and otherwise misled law enforcement by providing an invalid contact number,” the trial court properly assessed 10 points. The court also rejected his claim that his sentence violated the principle of proportionality, noting it was required to affirm his within-guidelines sentence. Finally, it rejected his contention that the court costs imposed were unconstitutional, noting it was bound by Cameron.