People v. Maben

Defendant, James Robert Maben, pleaded guilty to assault by strangulation or suffocation, MCL 750.84(l)(b), for which the trial court sentenced him as a fourth-offense habitual offender, MCL 769.12, to serve 6 years and 4 months to 20 years in prison. On appeal by leave granted, Maben raises several claims of sentencing error. We conclude that the trial court did not err when it scored Maben’s sentencing variables; however, we agree that the trial court abused its discretion when it refused to consider Maben’s challenges to his presentence investigation report (PSIR). For that reason, we…