People v. Brooks

Defendant pleaded no contest to unarmed robbery, MCL 750.530, and was sentenced to 8 to 40 years’ imprisonment. He appeals by leave granted, arguing that his sentencing guidelines score should be reduced. Specifically, he argues that he should have been assessed 5 points for Offense Variable (OV) 1 rather than 15 points, on the theory that he never threatened anyone with a knife, but rather merely displayed or implied the knife. We disagree and affirm.

“Under the sentencing guidelines, the circuit court’s factual determinations are reviewed for clear error and must be supported by a…