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A Better Partnership
February 03, 2010

COA Opinion: Carjacking committed to flee scene of armed robbery is a continuation of the armed robbery for purposes of determining the number of victims threatened with injury or death by the armed

On February 2, 2010, the Court of Appeal published its opinion in People v. Mann, No. 288314.' Here, the Court of Appeals reviewed the Offense Variable ("OV") 9 score associated with the Defendant's conviction for armed robbery.' OV 9 is based on the number of victims placed in danger of physical injury or death.' Ten points are assessed for OV 9 where the number of victims is between two and nine, whereas a score of zero is assessed where the number of victims falls below that range.' In this case, the Defendant had entered a store armed with a knife and demanded money from an employee.' After obtaining the money, the Defendant left the store,' commandeered a car, and forced the driver to drive him away from the scene.' The Defendant argued that his armed robbery was completed before he stopped the car to flee the scene, and thus the number of victims endangered during the robbery was only one.' The Court of Appeals disagreed, and pointed to the applicable statute (MCL '' 750.530) which states that the course of committing a larceny includes "flight or attempted flight."' Therefore, the Court of Appeals concluded that the carjacking was not only a separate crime, but a continuation of the armed robbery, thus the number of victims was two and the OV 9 score of 10 was appropriate.

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