People of Michigan v. Michael Dwayne Butler ( 2015 )

Order Michigan Supreme Court
Lansing, Michigan
July 1, 2015 Robert P. Young, Jr.,
Chief Justice
151499 & (15) Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 151499
COA: 325650
Berrien CC: 2013-003008-FH
MICHAEL DWAYNE BUTLER,
Defendant-Appellant.
_____________________________________/
On order of the Court, the motion for immediate consideration is GRANTED.
The application for leave to appeal the March 5, 2015 order of the Court of Appeals is
considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we
VACATE the sentence of the Berrien Circuit Court and we REMAND this case to the
trial court for resentencing. According to the Presentence Investigation Report and the
sentencing transcript, the defendant was assessed 25 points on Offense Variable (OV) 13,
MCL 777.43, based on out-of-state charges or accusations, but the record provides no
facts in support of the score. Before any such alleged crimes may be used to score OV
13, the prosecution must prove by a preponderance of the evidence that the crimes
actually took place, that the defendant committed them, that they are properly classified
as felony “crimes against a person,” MCL 777.43(1)(c), and that they occurred “within a
5-year period” of the sentencing offense, MCL 777.43(2)(a). See People v Hardy, 494
Mich 430 (2013).
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.
July 1, 2015
a0624
Clerk