People v. Huston

At issue in this case is whether the trial court properly assessed 15 points for offense variable (OV) 10. OV 10 should have 15 points assessed when the defendant has engaged in “predatory conduct” to “exploit[] . . . a vulnerable victim.” MCL 777.40(1)(a). Contrary to the Court of Appeals’ holding, in order to assess 15 points for OV 10, the defendant’s preoffense conduct only has to be directed at “a victim,” not any specific victim, and the victim does not have to be inherently vulnerable. Instead, a defendant’s “predatory conduct,” by that conduct alone (eo ipso), can create or enhance a…