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A Better Partnership
January 25, 2013

COA Opinion: Sentencing judge may add multiple-offender points where no other offender is convicted

In People v Jones, Defendant Byron Deandre Jones and his friend 'Taiwan' were involved in an altercation with a group of men at the mall. Jones and Taiwan brandished guns. Jones fired his gun. A jury convicted Jones of three counts of assault with intent to do great bodily harm less than murder, carrying a concealed weapon, and possession of a firearm during commission of a felony. No one else was convicted of a crime related to the altercation. During sentencing, the trial-court judge added ten points under OV 14, because Jones was the leader in a multiple-offender situation. Jones appealed this addition, arguing that the altercation was not a multiple-offender situation because no one else was convicted of a crime. The Court of Appeals disagreed. The Court held that the trial court did not err in adding the points, because there was evidence that Jones was Taiwan's leader and that Taiwan had committed several crimes, e.g. disturbing the peace.

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