People v. Cannon

At issue in this case is whether the trial court properly assessed 15 points for predatory conduct under offense variable ten (OV 10) when it calculated defendant’s sentencing guidelines range.1 We conclude that both lower courts failed to apply the correct test in scoring OV 10. Therefore, we remand the case to the trial court to reconsider whether to assess 15 points for predatory conduct under OV 10 and to resentence defendant if it assesses no points.

FACTS AND PROCEDURAL HISTORY

Defendant entered a Burger King restaurant in the city of Saginaw. His codefendants, Maurice Mayes and Larry…