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Michigan Supreme Court Lansing, Michigan

Opinion
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v DUANE HOUSTON

Chief Justice:

Justices:

Clifford W. Taylor

Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman

JULY 26, 2005

No. 126025

Defendant-Appellant. _____________________________________ YOUNG, J. This appeal concerns the proper method of scoring

offense variable 3 (OV 3), which addresses "physical injury to a victim." convicted of MCL 777.33. second-degree The defendant in this case was murder on the basis of the

shooting death of John Strong.

Offense variable 3 requires

the sentencing judge to select one from among the several listed scoring elements and assign points that range from a high of one hundred for a death to zero when no injury occurred. sentencing The sentencing assess guidelines the highest require number that of the

judge

points

applicable. Generally speaking, the higher the number of points assessed, the longer the resulting sentence.

In

determining

defendant's

sentence

under

the

legislative guidelines, the trial court assessed twentyfive points for OV 3 because the victim suffered an injury

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Michigan Law