Sentencing; Scoring of OVs 3, 9, & 12; MCL 777.33(1)(c); People v Houston; MCL 777.39(1)(c); MCL 777.42(1)(b)

Holding that 25 points were properly scored for OV 3, and that 10 points were properly scored for OVs 9 and 12, the court affirmed defendant’s sentences. He was convicted of manslaughter and felony-firearm. He was sentenced to 8 to 15 years for the manslaughter conviction, and two years for each felony-firearm conviction. He argued that he was entitled to resentencing because the trial court improperly scored OVs 3, 9, and 12. The court disagreed. As to OV 3, because his “sentencing offense was manslaughter, he could not be assessed 100 points for OV 3.” Thus, the trial court assessed him “25 points because ‘[l]ife threatening or permanent incapacitating injury occurred to a victim.’” As to OV 9, a video admitted at trial showed that he was standing only a few feet from the car (a Buick), in which two individuals (B and M) were sitting, when he shot victim-R. “Defendant was facing the Buick and continued to walk in that direction as [R], who sustained six gunshot wounds, collapsed in the street. As such, a preponderance of the evidence shows defendant fired at least six gunshots in the direction of the Buick, placing [B and M] in close proximity to a physically threatening situation[.]” As a result, the trial court did not clearly err in assessing 10 points for OV 9. Finally, the court held that it was reasonable to conclude based on the evidence that “defendant’s intention when shooting at the group helping [R] was to scare them away from following him. Because [his] actions constituting felonious assault were separate acts occurring within 24 hours of the sentencing offense, the trial court did not clearly err when it assessed 10 points for OV 12.”