Sentencing; Scoring of OV 14; Whether defendant was a leader in a multiple offender situation; MCL 777.44(1)(a); People v Dickinson; “Lead”; People v Rhodes (On Remand)

The court held that the trial court did not err by scoring 10 points for OV 14. Defendant pled guilty to breaking and entering with intent to commit a larceny for breaking into a church. The trial court sentenced him to 38 months to 10 years. On appeal, the court rejected his argument that he was entitled to resentencing because the trial court erred by scoring 10 points for OV 14. At the plea hearing, defendant testified that both he and his girlfriend entered the church through the broken window to steal money. “This was sufficient evidence to show a multiple offender crime.” In addition, there was sufficient evidence to find defendant took a leadership role in the breaking and entering. First, he “admitted to being the person who actually broke the window to gain entry to the building.” Second, it was reasonable to infer he “was driving the van because [his girlfriend] was in the passenger seat when police discovered her. And driving to the scene of a crime is a form of directing the action.” Further, the shoeprints taken from the scene and the gloves with his name written on them, paired with the fact that his girlfriend “was found in the van and defendant was not, all at least suggest that defendant took the more active role during the break-ins. Taken together, the evidence and the reasonable inferences drawn from it tends to show that defendant acted first or was an otherwise a primary cause of the break-ins.” Affirmed.