People of Michigan v. Tyler Paul McCreary

STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED November 8, 2016 Plaintiff-Appellee, v No. 328373 Wayne Circuit Court TYLER PAUL MCCREARY, LC No. 13-008488-01-FC Defendant-Appellant. Before: WILDER, P.J., and CAVANAGH and SERVITTO, JJ. PER CURIAM. Defendant appeals as of right his sentence on jury convictions of second-degree murder, MCL 750.317, and felony murder, MCL 750.316(1)(b). He argues that offense variables (OVs) 5, 7, 8, and 10 were improperly scored and that the trial court impermissibly used judicial fact- finding to score these variables. We agree…