Sentencing; Scoring of OV 3; MCL 777.33(1)(a) & (2)(b); Consideration of acquitted conduct; Applicability of People v Beck

In an order in lieu of granting leave to appeal, the court vacated the Court of Appeals judgment (see eJournal # 81445 in the 4/22/24 edition for the published opinion) and remanded the case to that court. It directed the Court of Appeals to consider: “(1) whether the jury’s acquittal of defendant on the charge of homicide resolved whether the victim’s death ‘result[ed] from the commission of a crime’”; (2) whether OV 3 was properly scored at 100 points despite defendant’s acquittal on the homicide charge, “given the OV’s use of ‘results’ rather than ‘caused’; and (3) whether” the court’s decision in Beck applied, given that defendant was acquitted of homicide, but convicted of two counts of AWIM for separate victims.