People of Michigan v. Gregory Allen Belkin ( 2019 )

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports. STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED February 28, 2019 Plaintiff-Appellee, v No. 341915 Oakland Circuit Court GREGORY ALLEN BELKIN, LC No. 2017-262898-FC Defendant-Appellant. Before: TUKEL, P.J., and SHAPIRO and GADOLA, JJ. SHAPIRO, J. (concurring). I agree with the majority that OV 1 and OV 2 were improperly scored. While I do not subscribe to much of the majority’s analysis of the OV 6 issue, I agree that the offense variable was properly scored under the extraordinary facts of this case. Accordingly, I concur in the conclusion that the defendant was not entitled to resentencing. /s/ Douglas B. Shapiro