Sentencing; Scoring of OV 1; Consideration of acquitted conduct; People v Beck

In an order in lieu of granting leave to appeal, the court reversed the part of the Court of Appeals judgment (see e-Journal # 74958 in the 3/9/21 edition) affirming defendant’s 15-point score for OV 1 of the judicial sentencing guidelines, vacated the trial court’s sentence, and remanded to the trial court for resentencing. It directed the trial court on remand to rescore OV 1 at 0 points because the jury acquitted “defendant of the charges alleging that he possessed a firearm, and the facts do not establish that he possessed another type of weapon.” The court denied leave to appeal in all other respects because it was not persuaded that it should review the issue presented.