People v. McCuller

MEMORANDUM. Defendant was convicted of assault with intent to do great bodily harm less than *179murder, MCL 750.84, following a jury trial. The properly scored recommended minimum sentence guidelines range for defendant’s offense provided for a term of five to 28 months’ imprisonment, thus placing defendant in a so-called “straddle cell.”1 The trial court sentenced defendant within the guidelines range to two to 15 years of imprisonment. On appeal, defendant argues that because his prior record variable (PRV) score alone placed him in a recommended minimum guidelines range of zero to 11 months,…