Sentencing; Scoring of OV 19; MCL 777.49(c); “Interfere with the administration of justice”; People v Hershey; People v Sours; People v Taamneh (Unpub)

Holding that defendant-Gay’s suicide attempt was an improper basis for scoring 10 points for OV 19, the court vacated his sentence and remanded for resentencing. He tried to take his own life while at home awaiting sentencing after he pled no contest to CSC III. He argued on appeal “that OV 19 should have been scored at zero points, which would reduce his total OV score from 80 points to 70 points, and alter his minimum” guidelines range. The court agreed, concluding that, under the circumstances here, he “did not, by attempting suicide, ‘come into opposition’ with the justice system or even attempt to. Rather, he tried to remove himself from it entirely by way of death. Gay’s behavior is categorically different than other scorable conduct such as” described in Hershey. The court noted that it previously addressed the exact same issue in Taamneh, where “the defendant attempted suicide on the day the jury’s verdict was to be received.” It ruled there “‘that the suicide attempts were not a proper basis to score OV 19,’ noting that ‘by all accounts, the suicide attempts were genuine attempts to end his life and not directed at delaying proceedings.’” The court found no basis to conclude otherwise here, “or to reach a different result in the circumstances of this case.” And because the OV 19 scoring increased his guidelines range, he was entitled to resentencing.