People v. Raby

Pursuant to Administrative Order No. 1994-4, this special panel was convened to resolve the conflict between the prior opinion in this case, 213 Mich App 801 (1995), and People v Warner, 190 Mich App 26; 475 NW2d 397 (1991). The prior panel in this case held that it was bound by AO 1994-4 to follow People v Polus, 197 Mich App 197, 199; 495 NW2d 402 (1992), which held that evidence of prior instances of sexual penetration between a defendant and a victim do not constitute the “same criminal transaction” for the purpose of scoring Offense Variable (ov) 12 (criminal sexual penetration[s]). See…