People of Michigan v. Raymond Clarence Geddert ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
September 21, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
151280 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 151280
COA: 325412
Alpena CC: 14-005716-FH
RAYMOND CLARENCE GEDDERT,
Defendant-Appellant.
_________________________________________/
By order of July 28, 2015, the prosecuting attorney was directed to answer the
application for leave to appeal the February 12, 2015 order of the Court of Appeals. On
order of the Court, the answer having been received, the application for leave to appeal is
again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal,
we VACATE the sentence of the Alpena Circuit Court and we REMAND this case to the
trial court for resentencing. The trial court assigned no points to any Offense Variables
(OVs), but departed from the sentencing guidelines range in part because of the
defendant’s pattern of prior narcotics offenses. In light of this, based on facts reported in
the presentence information report, the trial court was required to assign 10 points to OV
13 for a pattern of three or more controlled-substance felonies. MCL 777.43(1)(e). Even
though the guidelines ranges are now advisory, the scoring of the guidelines themselves
is mandatory, and the OVs must be assigned the highest number of points applicable.
MCL 777.43(1); People v Lockridge, 498 Mich 358, 392 n 28 (2015). Because
correcting the OV score would change the applicable guidelines range, resentencing is
required. People v Francisco, 474 Mich 82 (2006).
We do not retain jurisdiction.
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.
September 21, 2016
a0914
Clerk