People v. Gullett

Our Supreme Court remanded this case to us for consideration as on leave granted the question whether the trial court correctly assessed defendant 10 points for offense variable (OV) 9, MCL 777.39. 1 477 Mich 851 (2006). Defendant’s lone appellate issue stems from his conviction in Calhoun Circuit Court Docket No. 04-002057-FC following a plea of no contest to a charge of first-degree criminal sexual conduct (CSC I), the victim being under 13 years of age, MCL 750.520b(1)(a). Over an objection, the trial court scored OV 9 at 10 points for the CSC I offense and sentenced defendant to 50 to 75…