People v. Williams
298 Mich. App. 121
| Mich. Ct. App. | 2012Background
- Defendant pleaded guilty to second-degree home invasion and to receiving and concealing stolen property ($1,000–$20,000) and larceny ($200–$1,000); he offered a Cobbs agreement for a bottom-range minimum sentence in exchange for the dismissal of attempted first-degree home invasion.
- Sentencing initially imposed concurrent terms: 36 months to 15 years for home invasion, 18 months to 5 years for receiving/concealing, and 1 year for larceny; after resentencing, minimums were reduced to 29 and 10 months for the two relevant convictions.
- Defendant challenged the scoring of OV 4 (psychological injury to the victim) and PRV 1 (prior high-severity felony convictions).
- The victim impact statement indicated anger, hurt, violation, and fear; the court found sufficient evidence to assign 10 points for OV 4.
- Defendant argued PRV 1 should not be 25 points because his first-degree home invasion conviction was served as a Holmes Youthful Trainee Act (HYTA) status; the court held HYTA status constitutes a conviction for PRV 1 under amended MCL 777.50(4)(a)(i).
- The reviewing court affirmed the sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| OV 4 – whether 10 points for psychological injury were supported | Defendant argues no basis for severe injury. | N/A | 10 points for OV 4 affirmed |
| PRV 1 – whether HYTA status counts as a prior high-severity felony conviction | HOA/State arguesHYTA status falls within conviction under MCL 777.50(4) and 777.51. | Garner/earlier decisions predate amended statutes; HYTA not a conviction historically. | 25 points for PRV 1 affirmed; HYTA status constitutes a conviction under amended statute |
Key Cases Cited
- People v Waclawski, 286 Mich App 634 (2009) (evidence of fear and anger supports OV 4 score)
- People v Apgar, 264 Mich App 321 (2004) (fearful/victim impact supports OV 4)
- People v Steele, 283 Mich App 472 (2009) (any evidence supports OV 4 scoring will uphold)
- People v Gamer, 215 Mich App 218 (1996) (youthful trainee status not a conviction under pre-amendment law)
- Colucci v McMillin, 256 Mich App 88 (2003) (MCR 7.215(J) bound to follow prior law unless statute amended)
- Kuznar v Raksha Corp, 481 Mich 169 (2008) (statutory definition controls when specific)
- Haynes v Neshewat, 477 Mich 29 (2007) (statutory definitions control interpretations)