Opinion
No. 135126.
February 1, 2008.
Court of Appeals No. 269620.
Summary Dispositions February 1, 2008.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we vacate the defendant's sentences, and we remand this case to the Wayne Circuit Court for resentencing under properly scored guidelines. People v Kimble, 470 Mich 305 (2004). The defendant should have been scored zero points for offense variable 11 where there was no record evidence to support a finding that any charged or uncharged criminal sexual penetration arose out of a sentencing offense. MCL 777.41(2)(a); People v Johnson, 474 Mich 96 (2006). 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.
Did not participate for the reasons stated in People v Parsons, 477 Mich 1065 (2007).