Sentencing; OV 16 scoring; MCL 777.46; People v Rodriguez; Depreciation; Fair market value of stolen property; MRE 1101(b)(3); People v Johnson; Consideration of sales tax

The court held that the trial court erred by scoring OV 16 at 10 points because the unrebutted evidence showed the stolen lawnmower’s fair market value had depreciated and the combined value of the lawnmower and trailer did not exceed $20,000. Defendant pled guilty to receiving or concealing stolen property after police found a stolen commercial lawnmower on a trailer attached to his vehicle. The owner’s mower had been purchased about 11 months earlier and used for roughly 400 hours. The trial court assessed 10 points for OV 16 using the mower’s original retail price plus the trailer’s value, rejected defendant’s depreciation evidence, and sentenced defendant to prison. On appeal, the court held that OV 16 turns on the property’s value at the time of the offense, not simply the original purchase price, and that fair market value is “‘the price that the item will bring on an open market between a willing buyer and seller.’” The court noted that the seller of this very mower estimated its current value at no more than $16,000 and that the prosecutor offered nothing to rebut that evidence. The court found the trial court’s reasoning inadequate because its only explanation was “that sometimes ‘these things go up’ in value[,]” even though nothing in the record suggested any unusual market condition that would cause appreciation. The court also found it unnecessary to resolve whether sales tax counted because, even using the high end of the seller’s estimate, the value still fell below the threshold for 10 points. Vacated and remanded for resentencing with 5 points scored for OV 16.