PEOPLE v. BROWN, 474 Mich. 876 (2005)

704 N.W.2d 462

PEOPLE v. TOMMY BROWN.

No. 128199.Supreme Court of Michigan.
October 6, 2005.

Summary Dispositions.

SC: 128199.

The application for leave to appeal was held in abeyance pending the decision in People v. Houston (Docket No. 126025). The opinion having been issued of July 26, 2005, 473 Mich 399
(2005), the application is again considered and, in lieu of granting leave to appeal, we reverse the January 27, 2005, judgment of the Court of Appeals and remand this case to the Genesee Circuit Court for resentencing. As we held in Houston, under the circumstances of this case, offense variable 3 should be scored at 25 points. We do not retain jurisdiction. Reported below: 265 Mich App 60.

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