People of Michigan v. Tron Ariel Robinson
331817
| Mich. Ct. App. | Jun 15, 2017Background
- Tron Ariel Robinson was convicted by a jury of first-degree home invasion, unlawful killing of an animal, possession of a firearm by a felon, and felony-firearm.
- Robinson was resentenced twice following appellate proceedings, including remand under People v Lockridge.
- At resentencing, the trial court scored Offense Variable (OV) 19 at 10 points for interference with the administration of justice.
- The presentence investigation and record showed Robinson asked a witness to lie about his whereabouts, traveled to Florida with an accomplice to avoid detection, and discouraged the accomplice from speaking to police.
- Robinson appealed the OV 19 score, arguing it should be 0 points; the prosecutor argued it could be scored at 10 and also contended Robinson may have waived the claim by agreeing to the PSIR at resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OV 19 was properly scored at 10 points for interference with administration of justice | OV 19 properly scored at 10 because defendant encouraged witnesses to lie/refuse to talk and fled to avoid detection | OV 19 should be scored 0 because defendant did not interfere with administration of justice | Court held OV 19 correctly scored at 10; conduct (urging lies, fleeing) constitutes interference |
| Whether the claim was waived by agreement to the PSIR at resentencing | Prosecution argues Robinson expressly agreed to PSIR accuracy and thus waived challenge | Robinson did not meaningfully waive the right to challenge scoring on appeal | Court addressed the merits but noted waiver argument was persuasive; nevertheless decided OV 19 scoring was correct |
Key Cases Cited
- People v Lockridge, 498 Mich 358 (2015) (guidance on sentencing guidelines and constitutional error)
- People v Sours, 315 Mich App 346 (2016) (OV 19 may be scored for attempts to avoid being caught)
- People v Barbee, 470 Mich 283 (2004) (providing a false name to law enforcement can support 10 points for OV 19)
- People v Carter, 462 Mich 206 (2000) (express agreement at sentencing can effect a waiver of appellate challenge)
- People v Jones, 394 Mich 434 (1975) (scope of a second appeal is limited to the scope of the remand)