People v. Houston

This appeal concerns the proper method of scoring offense variable 3 (OV 3), which addresses “physical injury to a victim.” MCL 777.33. The defendant in this case was convicted of second-degree murder on the basis of the shooting death of John Strong. Offense variable 3 requires the sentencing judge to select one from among the several listed scoring elements and assign points that range from a high of one hundred for a death to zero when no injury occurred. The sentencing guidelines require that the sentencing judge assess the highest number. of points applicable. Generally speaking, the…