Legal Opinion · Dissent

People v. Melton

Michigan Court of Appeals

Decided October 12, 2006No. Docket 257036Published

1DissentMurray, J.

I. INTRODUCTION

This case involves the interpretation and application of MCL 777.39, which dictates a sentencing court’s scoring of offense variable (OV) 9. In particular, the statute requires the sentencing court to score points for “each person who was placed in danger of injury or loss of life as a victim.” MCL 777.39(2)(a). The specific question is whether OV 9 can only be scored when a victim is placed in danger of a physical injury. In People v Melton, 269 Mich App 542; 711 NW2d 430 (2006), this Court affirmed the sentencing court’s scoring of OV 9 at ten points for the two victims…

2Cases cited4 opinions

  1. Halloran v. BhanMichigan Supreme Court · 2004
  2. People v. DewaldMichigan Court of Appeals · 2005
  3. People v. KnowlesMichigan Court of Appeals · 2003
  4. People v. MeltonMichigan Court of Appeals · 2006

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