People v. Jamison
292 Mich. App. 440
| Mich. Ct. App. | 2011Background
- Jamison and Jenkins had a dating relationship from 2006 to spring 2007, with brief consensual contact after their breakup.
- In May 2009, Jamison allegedly confronted Jenkins in traffic, pulled a pistol, and fired, causing Jenkins to fear he was shot and leading to a personal protection order.
- Jamison was convicted of assault with intent to do great bodily harm less than murder and felony-firearm; trial court sentenced 1–10 years plus a mandatory 2-year term consecutive to felony-firearm.
- The presentence information indicated OV 10 at 10 points for exploitation of a domestic victim, though Jamison contested the domestic relationship.
- The court ultimately concluded OV 10 was misapplied, reducing the total OV score and minimum sentence range, and ordered resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OV 10 was properly scored as 10 points | Jamison argues no domestic relationship existed | People contends OV 10 applies due to domestic relationship | OV 10 was misapplied; no domestic relationship exists |
| Whether the sentencing error requires resentencing | Incorrect OV 10 inflated minimum sentence | Discretionary scoring is harmless if supported elsewhere | Resentencing is required to correct the scoring error |
Key Cases Cited
- People v Hornsby, 251 Mich App 462 (2002) (standard for appellate review of OV scoring)
- People v Spanke, 254 Mich App 642 (2003) (interpretation of sentencing guidelines and OV scoring)
- People v Hegwood, 465 Mich 432 (2001) (guidelines interpretation and scoring principles)
- People v Jackson, 487 Mich 783 (2010) (domestic relationship considerations in sentencing context)
- People v Williams, 191 Mich App 269 (1991) (lay interpretation of statutory terms in OV context)
- People v Morey, 461 Mich 325 (1999) (sentencing guidelines scoring and OV variables)