Background

• The case concerns whether OV 19 may be scored for post-sentencing conduct after the manslaughter offense.
• Defendant was convicted of manslaughter, reckless driving, and witness intimidation arising from a June 2007 fatal collision and related threats to a witness.
• Sentencing placed the manslaughter sentence within the guidelines and included an upward habitual-offender enhancement; witness intimidation carried a separate concurrent sentence.
• Court of Appeals remanded, applying McGraw to require OV 19 scoring strictly on the sentencing offense, thus potentially reducing OV 19 points.
• The Michigan Supreme Court reversed in part, holding OV 19 may consider post-offense conduct, reinstating the manslaughter sentence.
• The majority’s decision rests on OV 19's express inclusion of post-offense events; the dissent would adhere to the transactional limitation in McGraw.

Issues

Key Cases Cited

• People v McGraw, 484 Mich 120 (2009) (establishes offense variables are generally tied to the sentencing offense unless an OV provides otherwise)
• People v Barbee, 470 Mich 283 (2004) (interprets interference with the administration of justice within OV 19)
• People v Francisco, 474 Mich 82 (2006) (contextual background on OV interpretations)
• People v Smith, 485 Mich 1134 (2010) (notable OV interpretations in related context)