People v. Smith

Michigan Supreme Court Lansing, Michigan Chief Justice: Justices: Opinion Marilyn Kelly Michael F. Cavanagh Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman Diane M. Hathaway Alton Thomas Davis FILED DECEMBER 29, 2010 STATE OF MICHIGAN SUPREME COURT PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant v No. 140371 DAVID RAY SMITH, Defendant-Appellee. BEFORE THE ENTIRE BENCH YOUNG, J. The issue presented in this case is whether offense variable (OV) 19, MCL 777.49, may be scored for aggravating conduct that occurred after the sentencing offense was completed. In People v McGraw, this…