People of Michigan v. Pamela Kay Blodgett ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
October 17, 2019 Bridget M. McCormack,
Chief Justice
158849 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellee, Elizabeth T. Clement
Megan K. Cavanagh,
Justices
v SC: 158849
COA: 345616
Oakland CC: 2018-266486-FH
PAMELA KAY BLODGETT,
Defendant-Appellant.
_________________________________________/
By order of April 30, 2019, the prosecuting attorney was directed to answer the
application for leave to appeal the October 30, 2018 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. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we
REMAND this case to the Oakland Circuit Court for reconsideration of the scoring of
Offense Variable (OV) 10. The trial court shall determine if OV 10 was properly assigned
at 15 points. If not, given the prosecution’s concession that OV 13 was incorrectly scored,
any reduction in the score of OV 10 would entitle the defendant to resentencing. People v
Francisco, 474 Mich 82, 88-89 (2006). If the trial court determines OV 10 is correctly
scored, the trial court shall articulate on the record the factual findings supporting its legal
conclusions to facilitate appellate review. 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.
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.
October 17, 2019
b1010
Clerk