People v. Bonilla-Machado
489 Mich. 412
| Mich. | 2011Background
- Defendant, incarcerated at Bellamy Creek, assaulted two corrections officers by overflowing a toilet and splashing toilet water.
- Defendant was charged with two counts of assaulting a prison employee and found guilty by a jury; he did not testify.
- Trial court imposed enhanced maximum sentences as a second-offense habitual offender, claiming mandatory enhancement.
- OV 13 was scored at 10 points for a pattern of felonious conduct; defendant argued it should be 0 or 25.
- Court of Appeals remanded for resentencing, remand order challenged the OV 13 scoring and discretion on enhancement.
- Supreme Court granted review to address coercion of testimony, OV 13 scoring, and discretionary vs mandatory enhancement
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant was coerced into forgoing testimony | State argues no coercion; defendant decided himself | Record shows coercive pressure by court/counsel | No coercion; decision was voluntary |
| OV 13 scoring for continuing pattern of criminal behavior | Court could count crimes across categories for OV 13 | Only designated offense categories may be used; zero points appropriate | OV 13 must be scored using six statutorily defined categories; zero points remand required |
| Whether the trial court erred in enhancing the maximum sentences | Statute requires enhancement as mandatory due to habitual offender status | Enhancement is discretionary under Turski | Enhancement discretionary; issue moot after remand and resentencing |
| Whether the Court of Appeals correctly remanded for resentencing based on OV 13 | Remand to fix OV 13 points | Remand necessary to correct OV 13 scoring error | Remand affirmed; OV 13 to be scored zero points on remand |
Key Cases Cited
- People v Francisco, 474 Mich 82 (2006) (remand for resentencing when OV mis-scored)
- People v Turski, 436 Mich 878 (1990) (enhanced maximum sentences discretionary)
- Robinson v City of Lansing, 486 Mich 1 (2010) (statutory interpretation and consistency in terms)
- People v Bonilla-Machado, 486 Mich 907 (2010) (discusses OV scoring and ineffective assistance claims)