People of Michigan v. Rodney Charles Butler

STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, FOR PUBLICATION June 2, 2016 Plaintiff-Appellee, 9:00 a.m. v No. 327430 Ogemaw Circuit Court RODNEY CHARLES BUTLER, LC No. 14-004337-FH Defendant-Appellant. Before: GLEICHER, P.J., and SAWYER and M. J. KELLY, JJ. SAWYER, J. We are asked to determine in this case whether a prior conviction that is not otherwise scorable under the prior record variables of the sentencing guidelines may, nevertheless, be considered in applying the so-called “10-year gap” rule of MCL 777.50. We conclude that it may. Defendant was convicted by…