People of Michigan v. Ronald Johnson ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
October 26, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
150703 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Joan L. Larsen,
Plaintiff-Appellee, Justices
v SC: 150703
COA: 315247
Wayne CC: 12-009230-FC
RONALD JOHNSON,
Defendant-Appellant.
_________________________________________/
By order of December 22, 2015, the Wayne County Prosecuting Attorney was
directed to file a supplemental brief. On order of the Court, the brief having been
received, the application for leave to appeal the November 4, 2014 judgment of the Court
of Appeals is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting
leave to appeal, we REVERSE in part the judgment of the Court of Appeals, we
VACATE the sentence of the Wayne Circuit Court, and we REMAND this case to the
trial court for resentencing pursuant to People v Francisco, 474 Mich. 82 (2006). The
trial court erred in assigning 50 points for Prior Record Variable 1 (PRV 1), MCL 777.51.
As the prosecutor concedes, the record supports a score of only 25 points because the
defendant only has one prior high severity felony conviction. In all other respects, leave
to appeal is DENIED, because we are not persuaded that the remaining questions
presented should be reviewed by this Court.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
October 26, 2016
d1017
Clerk