Sentencing; Scoring of OVs 3, 4, & 7; MCL 777.33(1)(d); People v Chaney; MCL 777.34(1)(a); People v Armstrong; MCL 777.37(1)(a); People v Walker

Holding that the trial court did not err in scoring 25 points for OV 3, 10 points for OV 4, and 50 points for OV 7, the court affirmed defendant’s sentence. He was convicted of AWIM, assault with intent to maim, mayhem, and tampering with evidence. He was sentenced as a second-offense habitual offender to 20 to 30 years for the AWIM conviction and concurrent 5 to 15-year terms for each of the others. On appeal, the court rejected his claim that he was entitled to resentencing. It first concluded the trial court’s 25-point score for OV 3 was supported by a preponderance of the evidence. The record showed “the victim suffered a traumatic subdural hemorrhage. [He] was rendered unconscious and was in a coma for a significant period of time. [He] suffered changes to several cognitive functions, including his memory and his ability to communicate.” While he “had made some improvement since the incident, it was possible that he would never fully recover.” The court also noted that defendant “took several videos of himself violently beating the unconscious and defenseless victim.” The evidence showed “beyond question that the victim suffered life-threatening and permanently disabling injuries.” The court further found that a preponderance of the evidence supported the 10-point score for OV 4. The victim’s trial testimony clearly indicated that he “suffered a serious psychological injury beyond the trauma expected of defendant’s assault and that he sought and obtained professional treatment for” it. Finally, as to OV 7, the record supported “the trial court’s determination that defendant engaged in excessive brutality.” The videos he took showed “him violently punching, kicking, and stomping on the unconscious and helpless victim’s blood-covered head while shouting at the victim.” The court noted that the “victim sustained significant trauma to his head resulting in a traumatic brain injury and bleeding in his brain, as well as fractures of his cheekbones and the amputation of his ear.” Further, evidence showed defendant left him “lying in a bathtub, half naked and bleeding, for over 36 hours.”