People v. Eding

Court of Appeals No. 285582.

Kelly, C.J.

(dissenting). I would vacate defendant’s sentence and remand the case to the trial court for resentencing because offense variable (OV) 10 of the sentencing guidelines was misscored. Nothing in the record shows that defendant engaged in preoffense conduct aimed at victimizing another person, as MCL 777.40(3)(a) requires to support the score that the trial court gave for OV 10. Because the prosecutor appears to have conceded the scoring error, defendant is entitled to resentencing. People v Francisco, 474 Mich 82 (2006).