People v. Rosales

Defendant pleaded nolo contendere to a charge of delivery of marijuana, MCL 333.7401(2)(c); MSA 14.15(7401)(2)(c), in exchange for the prosecutor’s dismissal of a conspiracy charge and recommendation that defendant’s minimum sentence not exceed eighteen months. Defendant was sentenced to thirty-two to forty-eight months’ imprisonment. He now appeals as of right. We vacate defendant’s sentence and remand for resentencing before another judge.

Defendant first argues that the trial court erred in scoring twenty-five points for offense variable 16 (ov 16) of the sentencing guidelines because of…