7/7/2010
On Tuesday, July 6, 2010, the Court of Appeals published its unanimous per curiam opinion in People v. Wiggins, Case No. 290017. The Court determined that the defendant was improperly assessed a score of 25 points for Offense Variable ("OV") 12, where two crimes of disseminating sexually explicit matter to a minor used to score this variable are "crimes against the public order" and not "crimes against a person" for purposes of MCL § 777.42. Accordingly, the Court concluded that the defendant should have only been assessed 10 points under OV 12. Because the scoring error altered the appropriate guideline range, and because the defendant's sentence lies outside that range, the Court vacated the defendant's sentence and remanded the case to the Gratiot Circuit Court for resentencing. Read more »
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