People v. McCuller

This is one of three companion cases involving the application of Blakely v Washington, 542 US 296; 124 S Ct 2531; 159 L Ed 2d 403 (2004), to Michigan’s sentencing scheme. See also People v Harper, 479 Mich 599; 739 NW2d 523 (2007). This case returns to us following a remand from the United States Supreme Court. In our previous opinion, we held that a sentencing court must score both the offense variables (OVs) and the prior record variables (PRVs) to arrive at a defendant’s minimum sentence range. We reasoned that a sentencing court does not violate Blakely principles when it engages in…