Sentencing; Scoring of OVs 3 (physical injury to a victim) & 10 (exploitation of a vulnerable victim); “Domestic relationship”; Ineffective assistance of counsel; Failure to object to an alleged mathematical error that defendant claimed placed him in a higher OV level

Holding that the trial court properly assessed points for OVs 3 and 10 and that defendant was not denied the effective assistance of counsel, the court affirmed. He was convicted of first-degree home invasion, felonious assault, and domestic violence. He was sentenced to 45 months to 20 years for first-degree home invasion, 18 months to 4 years for the felonious assault, and 93 days for domestic violence. The trial court properly assessed 5 points under OV 3. The evidence established that he unlawfully entered victim-H’s home. H “testified that in the kitchen defendant grabbed her by the hair and by the arm.” The PSIR reported that H ‘“had numerous bruises on her arms, legs, back and face as well as cuts on her knee cap’ when police interviewed her on the day of the incident. [H] testified about her injuries which defendant began inflicting inside the home during his commission of home invasion.” The prosecution presented photos that depicted these injuries. “Evidence established that the injuries were caused by defendant assaulting her.” Thus, the trial court “could reasonably conclude based upon a preponderance of the evidence that [H] suffered injury in relation to defendant’s commission of the sentencing offense.” Also, the trial court properly assessed 10 points under OV 10. Defendant victimized her during his commission of the sentencing offense. Because they were married a “domestic relationship” existed.