People v. Mattoon

SAWYER, EJ.

We are asked to determine in this case whether offense variable (OV) 7 of the Sentencing Guidelines may be scored at 50 points where there is no actual physical abuse of the victim. We conclude that the language of the statute includes situations in which there is emotional or psychological, but not physical, abuse of the victim and that actual physical abuse is not required to justify assessing 50 points for this variable. We reverse and remand.

Defendant was convicted, following a jury trial, of kidnapping, 1 felonious assault, 2 and possession of a firearm during the commission…