People v. Davis
300 Mich. App. 502
Mich. Ct. App.2013Background
- Davis was convicted of voluntary manslaughter and felony-firearm; original sentence was 7–15 years for manslaughter consecutive to felony-firearm.
- The conviction appeals were affirmed but remanded to reconsider OV13 and to correct the PSIR.
- On remand the court found OV13 did not apply and scored OV5 at 15 points, resentencing Davis to 78 months’ to 15 years’ with 787 days’ credit.
- A victim-impact statement from the victim’s biological mother was added to the PSIR, supporting OV5 funding.
- Davis objected to OV5 arguing lack of familial connection and fairness; the court approved OV5 after considering the statement and concluded 15 points were warranted.
- The court resentenced de novo within the guideline range, affirming the OV5 increase and maintaining a substantial sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OV5 scoring of 15 points was proper. | Prosecution contends the victim’s family includes the biological mother and that the statement shows serious psychological injury requiring or potentially requiring treatment. | Davis argues the biological mother may not be within the victim’s family and that OV5 reliance on her status is inappropriate and unfair. | OV5 scoring was proper; the biological mother is a member of the victim’s family and the record supports substantial psychological injury. |
Key Cases Cited
- People v Chesebro, 206 Mich App 468 (1994) (remand and resentence guidelines context (three crimes threshold))
- People v McGraw, 484 Mich 120 (2009) (statutory interpretation and resentencing framework under guidelines)
- People v Rosenberg, 477 Mich 1076 (2007) (case posture on remand; de novo resentencing when original sentence vacated)
- People v Ezell, 446 Mich 869 (1994) (presentence posture on remand; use of PSIR for guideline scoring)
- People v Williams (After Second Remand), 208 Mich App 60 (1994) (every aspect of sentence before judge de novo on remand)
- People v Wiggins, 289 Mich App 126 (2010) (guideline variable scoring framework; preponderance standard)
- Osantowski v. Osantowski, 481 Mich 103 (2008) (statutory interpretation and guideline scoring)
- People v McCuller, 479 Mich 672 (2007) (minimum sentence within range; de novo resentencing)
- People v Davis, 468 Mich 77 (2003) (use of family for OV5; statutory interpretation)