People of Michigan v. Amier Dashad Hill, 328290

Defendant Hill pleaded guilty to unarmed robbery and felony-firearm after the trial court made a Cobbs offer promising to give Hill “what you want” if he pleaded then; dismissed other charges per the plea.
At sentencing the presentence report listed prior related circuit-court charges (assault with intent to murder and assault with intent to cause great bodily harm) that had been dismissed in a separate case where defendant pled to aggravated assault.
The probation officer initially scored 25 points for OV 13 (pattern of felonious criminal activity involving 3+ person crimes), based on the dismissed assault-related charges plus the robbery.
Defense contested OV 13; after discussion the court initially kept 25 points, then revisited the Cobbs promise, reviewed the plea hearing video, and ultimately changed OV 13 to zero points (lowering the guidelines minimum from 43 to 36 months).
The court sentenced Hill to 36 to 180 months for unarmed robbery and 2 years for felony-firearm. The prosecutor appealed the OV 13 scoring; the Court of Appeals affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court clearly erred in scoring OV 13 at 0 instead of 25	The prosecution argued the court erred by removing 25 points because dismissed felony person charges in the PSIR could be counted under OV 13	Hill argued OV 13 should be 0 because there was no preponderance that the dismissed charges established the requisite person-crime intent	Court held 0 points was correct: no preponderance supported scoring 25 points, so no clear error
Whether the trial court could rely on the bindover/docketing of dismissed charges as evidence to score OV 13	Prosecution urged that bindover (circuit-court docket number) supports an inference the crimes occurred and thus supports 25 points	Hill argued bindover shows only probable cause; absent other record evidence the court cannot find the dismissed offenses occurred by a preponderance	Court held a bindover/probable-cause showing alone is insufficient; a preponderance of evidence is required to count dismissed charges for OV 13

People v Hardy, 494 Mich 430 (2013) (standard: sentencing-court factual findings reviewed for clear error)
People v Nix, 301 Mich App 195 (2013) (trial court may consider dismissed charges in OV 13 if preponderance shows they occurred)
People v McChester, 310 Mich App 354 (2015) (court may consider PSIR, plea admissions, preliminary exam testimony when scoring guidelines)
People v Earl, 297 Mich App 104 (2012) (court may draw reasonable inferences from record evidence to support OV scoring)
People v Butler, 496 Mich 131 (2015) (OV 13 reversal where prosecution failed to prove by preponderance that out-of-state accusations occurred)
People v Yost, 468 Mich 122 (2003) (bindover requires probable cause, not preponderance)
People v Lockridge, 498 Mich 358 (2015) (preserved the importance of correctly scoring OVs post-Booker-type holdings)
People v Cobbs, 443 Mich 276 (1993) (procedures and effect of Cobbs plea agreements)