People v. Hardy; People v. Glenn

In these consolidated cases, we consider the proper assessment of points under offense variable (OV) 7 (aggravated physical abuse).1 Specifically, our focus is on what type of conduct under OV 7 constitutes “conduct designed to substantially increase the fear and anxiety a victim suffered during the offense.”2 In both cases, the circuit courts concluded that the defendants’ respective conduct supported assessing 50 points for OV 7 pursuant to MCL 777.37(l)(a). We conclude that the plain meaning of the phrase “conduct designed to substantially increase the fear and anxiety a victim suffered…