People v. Armstrong

Defendant, Parys Antwon Armstrong, appeals by leave granted his conviction, following a jury trial, of third-degree criminal sexual conduct (CSC III)1 and his sentence of 10 to 15 years’ imprisonment. We affirm Armstrong’s conviction. But because the trial court improperly scored Offense Variable (OV) 3,2 we vacate Armstrong’s sentence and remand for resentencing.

*233I. FACTS

A. THE ASSAULT

According to the complainant, on June 27, 2011, she visited a park with her friends between 4:00 and 5:00 p.m. She was 14 years old at the time. The complainant testified that when her friends left, she remained…