People v. Green

Defendant pled guilty to voluntary manslaughter, MCL 750.321; MSA 28.553, pursuant to a plea agreement to dismiss a count of second-degree murder. In calculating the variables for the Sentencing Guidelines grid, the trial court assessed points for intent to kill or injure and exploitation of the victim’s vulnerability, and refused to consider the mitigation variable for avoiding harm, provocation/passion, and mistake/inadvertance. Under the defendant’s proposed scoring, the Sentencing Guidelines would provide for a minimum sentence of twelve to forty-eight months. The trial court’s scoring…