People v. Polus

Defendant pleaded guilty of criminal sexual conduct in the third degree. MCL 750.520d; MSA 28.788(4). He was sentenced to serve a term of six to fifteen years in prison. He now appeals and we remand.

Defendant raises a number of issues related to his sentencing, one of which is dispositive. Defendant argues that the trial court erred in assessing fifty points in the scoring of Offense Variable 12 in the sentencing guidelines. We agree. The scoring of fifty points for Offense Variable 12 is appropriate where there are two or more criminal sexual penetrations, not including the penetration that…