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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v JASON JOHN COOK, Defendant-Appellant.

UNPUBLISHED July 13, 2010

No. 291518 Shiawassee Circuit Court LC No. 08-007007-FH

Before: TALBOT, P.J., and FITZGERALD and DAVIS, JJ. PER CURIAM. Defendant pleaded guilty of second-degree home invasion, MCL 750.110a(3), and was sentenced to a term of 30 to 180 months' imprisonment. The trial court denied defendant's motion for resentencing, which was premised on defendant's claim that prior record variable ("PRV") 5 of the sentencing guidelines was improperly scored at ten points. Defendant now appeals by delayed leave granted. We affirm. This appeal has been decided without oral argument pursuant to MCR 7.214(E). The trial court's scoring of the sentencing guidelines is reviewed for an abuse of discretion. People v Cox, 268 Mich App 440, 453-454; 709 NW2d 152 (2005). Issues involving the interpretation and application of the sentencing guidelines are reviewed de novo as questions of law. People v Cannon, 481 Mich 152, 156; 749 NW2d 257 (2008). Defendant was assessed ten points for PRV 5 based on convictions from 1996 and 1997.1 After 1997, and before defendant committed the instant offense in October 2007, defendant had two other misdemeanor convictions involving traffic offenses. It is undisputed that the traffic offense convictions are not scorable under PRV 5. MCL 777.55(2)(a) and (b). For that reason, defendant argues that they cannot be considered for purposes of calculating the ten-year period under MCL 777.50(1). We disagree. MCL 777.50 provides in part:

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Although the discharge dates for these are not specified, they can be determined by adding the term of probation or term of incarceration to the date of conviction. MCL 777.50(3).

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(1) In scoring prior record variables 1 to 5, do not use any conviction or juvenile adjudication that precedes a period of 10 or more years between the discharge date from a conviction or juvenile adjudication and the defendant's commission of the next offense resulting in a conviction or juvenile adjudication. (2) Apply subsection (1) by determining the time between the discharge date for the prior conviction or juvenile adjudication most recently preceding the commission date of the sentencing offense. If it is 10 or more years, do not use that prior conviction or juvenile adjudication and any earlier conviction or juvenile adjudication in scoring prior record variables. If it is less than 10 years, use that prior conviction or juvenile adjudication in scoring prior record variables and determine the time between the commission date of that prior conviction and the discharge date of the next earlier prior conviction or juvenile adjudication. If that period is 10 or more years, do not use that prior conviction or juvenile adjudication and any earlier conviction or juvenile adjudication in scoring prior record variables. If it is less than 10 years, use that prior conviction or juvenile adjudication in scoring prior record variables and repeat this determination for each remaining prior conviction or juvenile adjudication until a period of 10 or more years is found or no prior convictions or juvenile adjudications remain. Pursuant to

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