People of Michigan v. Matthew Martin Hays ( 2017 )

Order Michigan Supreme Court
Lansing, Michigan
October 24, 2017 Stephen J. Markman,
Chief Justice
155027 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen
PEOPLE OF THE STATE OF MICHIGAN, Kurtis T. Wilder,
Plaintiff-Appellee, Justices
v SC: 155027
COA: 335094
Chippewa CC: 15-001840-FH
MATTHEW MARTIN HAYS,
Defendant-Appellant.
_________________________________________/
By order of May 2, 2017, the prosecuting attorney was directed to answer the
application for leave to appeal the November 15, 2016 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 Chippewa Circuit Court, and we REMAND this case to
the circuit court for resentencing. The circuit court erred by assigning 25 points to
Offense Variable 11 (OV 11), MCL 777.41(1)(b), when the record evidence does not
support a finding that the second sexual penetration arose from the same sexual
penetration that gave rise to the requisite sentencing offense. See People v Johnson, 474
Mich 96 (2006). That error resulted in the alteration of defendant’s minimum sentencing
guidelines range, entitling him to a resentencing hearing. See People v Francisco, 474
Mich 82 (2006). On resentencing, the circuit court shall assign zero points to OV 11.
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 24, 2017
p1017
Clerk