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A Better Partnership
February 09, 2015

MSC orders resentencing after determining the conspiracy offense to be a crime against public safety not against a person

In People v Bennett, No. 149264, the Michigan Supreme Court vacated the Oakland County Circuit Court sentence and remanded the case for resentencing. The defendant was convicted of conspiracy. Under MCL 777.18 and People v Bonilla-Machado, 489 Mich 412 (2011), the conspiracy offense is considered a crime against public safety not a crime against a person. Thus, the defendant was wrongly assessed 25 points for offense variable (OV) 13. The Michigan Supreme Court orders the trial court to resentence defendant within the guidelines, or alternatively allow defendant to withdraw his guilty plea.

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