People of Michigan v. Alonzo Carter

**223 Defendant, Alonzo Carter, fired three shots through the door of an apartment he knew to be occupied. He was convicted by a jury of, among other things, assault with intent to do great bodily harm (AWIGBH). At issue in this case is whether each separate pull of the trigger constitutes a separate "act" under Offense Variable (OV) 12 (contemporaneous felonious acts). Because the evidence does not support the conclusion that the jury considered only one shot when deliberating over the elements of AWIGBH, we hold that it was inappropriate to assess defendant 10 points under OV 12. Further,…