People v. Melton

DAVIS, EJ.

Pursuant to MCR 7.215(J), this Court convened a special panel to resolve a conflict between the prior, partially vacated opinion in this case, People v Melton, 269 Mich App 542; 711 NW2d 430 (2006), and People v Knowles, 256 Mich App 53; 662 NW2d 824 (2003). The relevant issue in both cases was the interpretation and application of MCL 777.39, which governs a sentencing court’s scoring of offense variable (OV) 9. In accordance with MCR 7.215(J)(1), the prior Melton panel was required to follow the precedent set by Knowles. Absent this requirement, the prior panel would have reversed…