People of Michigan v. Kyle Keith Clark ( 2015 )

Order Michigan Supreme Court
Lansing, Michigan
July 1, 2015 Robert P. Young, Jr.,
Chief Justice
150202 Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein,
Plaintiff-Appellee, Justices
v SC: 150202
COA: 313121
Washtenaw CC: 11-001541-FC
KYLE KEITH CLARK,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the June 19, 2014
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(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 Washtenaw Circuit Court, and we REMAND
this case to the trial court for resentencing. Had Offense Variable (OV) 3, MCL 777.33,
not been scored, the correct guidelines range was 84 to 140 months, rather than the range
of 87 to 145 months on which the defendant’s sentence was based. Therefore, the
defendant is entitled to relief under the rationale of People v Francisco, 474 Mich 82(2006). 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.
July 1, 2015
s0624p
Clerk