People v. Light
290 Mich. App. 717
| Mich. Ct. App. | 2010Background
- Light robbed a Cherry Bend grocery store with a knife, obtaining about $300 and triggering a police chase and arrest.
- Light pleaded no contest to unarmed robbery; the trial court sentenced 4 to 15 years with credit for 242 days.
- The trial court scored OV 12 at 5 points based on two contemporaneous felonious acts, including carrying a concealed weapon and a form of larceny.
- Light contested OV 12 scoring, arguing larceny from a person was an included lesser offense of robbery and thus not a separate contemporaneous act.
- The court concluded that larceny from a person or larceny in a building cannot form separate contemporaneous acts when the sentencing offense is unarmed robbery, and limited OV 12 to the concealed-weapon act, reducing the OV score and Guideline range on remand.
- The panel reversed and remanded for resentencing consistent with its interpretation of OV 12.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether OV 12 may be based on contemporaneous acts other than the sentencing offense. | Light contends larceny from a person is an included lesser offense and cannot serve as a separate contemporaneous act. | Light argues the trial court erred in using larceny from a person or larceny in a building as contemporaneous acts. | No; larceny acts cannot be used; OV 12 limited to acts other than the sentencing offense. |
| Whether larceny in a building is a cognate offense or a lesser included offense for OV 12 purposes. | Light maintains larceny from a person is included; larceny in a building is a cognate offense, not a separate act. | Prosecution argues larceny in a building is a cognate offense and valid for OV 12. | Larceny in a building is cognate, not a separate contemporaneous act for OV 12 when the sentencing offense is robbery. |
| What is the proper OV 12 scoring when the sentencing offense is unarmed robbery and a concealed weapon is contemporaneous? | Incorrectly scoring 5 points; should be 1 point for concealed weapon. | 5 points permissible if two contemporaneous felonious acts besides the sentencing offense are found. | Only 1 point proper for the concealed weapon; OV 12 should total 31 points, reducing guideline range. |
Key Cases Cited
- People v McLaughlin, 258 Mich App 635 (2003) (relevance to contemporaneous acts and OV scoring in Michigan guidelines)
- People v Babcock, 469 Mich 247 (2003) (analysis of obstruction and grouping of offenses for OV scoring)
- People v Berner, 286 Mich App 26 (2009) (discussion of contemporaneous felonious acts and OV scoring)
- People v Adams, 128 Mich App 25 (1983) (larceny as element of robbery; included lesser offense considerations)
- People v Cornell, 466 Mich 335 (2002) (statutory construction and interpretation of guidelines)
- People v Stein, 90 Mich App 159 (1979) (earlier guidance on OV interpretations)
- McGraw, 484 Mich 120 (2009) (guidance on contemporaneous acts and sentencing)
- Sargent, 481 Mich 346 (2008) (principles for interpreting sentencing laws)
- Lyons (After Remand), 222 Mich App 319 (1997) (remand and guideline considerations)
- Francisco, 474 Mich 82 (2006) (guideline interpretation relevance)