People v. Brown

Defendant appeals as on leave granted his sentence for his plea-based conviction of driving with a suspended license (DWLS) causing death, MCL 257.904(4). The issue before us today is whether the trial court erred in assessing one hundred points under offense variable (OV) 3, and, if so, what the proper score is for OV 3 in this case. We find that the trial court erred in scoring one hundred points under OV 3, and remand this case for resentencing.

I. MATERIAL FACTS AND PROCEEDINGS

Defendant was initially charged with DWLS causing death and with failure to stop at the scene of a personal injury…