People of Michigan v. Nadja Nicholle Kiogima
353815
| Mich. Ct. App. | Jul 22, 2021Background:
- Defendant Nadja Kiogima pleaded guilty to reckless driving causing serious impairment (MCL 257.626(3)) and OWI causing serious impairment (MCL 257.625(5)(a)) after a drunk-driving crash.
- Kiogima struck a vehicle carrying Dwayne and Laura Meadows and their two young children; she had a BAC of 0.286 about 2.5 hours after the crash.
- Dwayne sustained compression fractures of L3 and L4 and facial injuries; Laura sustained about six broken ribs, a lung contusion, a pneumothorax (collapsed lung), neck trauma, and a herniated disc; both were hospitalized.
- The trial court scored 25 points for OV 3 (life-threatening or permanently incapacitating injury) based on the PSIR and the victim impact statement describing hospital treatment and lasting effects.
- Defense counsel did not contest guideline scoring at sentencing; defendant later moved to correct sentence arguing OV 3 lacked record support; the trial court denied the motion and the Court of Appeals affirmed after Supreme Court remand.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OV 3 was properly scored at 25 points (life‑threatening or permanently incapacitating injury). | Record (PSIR, victim impact statement, hospitalization, specific injuries including pneumothorax) shows injuries could be life‑threatening; supports 25 points. | No record evidence that any victim’s injuries were life‑threatening or permanently incapacitating; 25 points unsupported. | Affirmed. Court held OV 3 correctly scored 25 points because Laura’s combination of chest injuries (broken ribs, lung contusion, pneumothorax) could be life‑threatening; trial court did not clearly err. |
Key Cases Cited
- People v Hardy, 494 Mich 430; 835 NW2d 340 (sets standard of review: factual findings for guidelines reviewed for clear error; legal questions de novo)
- People v Chaney, 327 Mich App 586; 935 NW2d 66 ("life‑threatening" requires evidence injuries were potentially fatal in ordinary course)
- People v McChester, 310 Mich App 354; 873 NW2d 646 (court may consider PSIR, plea admissions, preliminary exam testimony when scoring guidelines)
- People v Earl, 297 Mich App 104; 822 NW2d 271 (victim impact statements may be considered in guideline scoring)
- People v Kimble, 470 Mich 305; 684 NW2d 669 (court must score offense and prior record variables under statutory guidelines)