Michigan Supreme Court Rules that OV 19 Does Not Contain a Transactional Limitation. A Defendant Can be Scored for this Variable for Conduct Occurring Many Weeks After the Underlying Offense.
Dec/27/10 10:02 CategoriesSentencing Guidelines
In People v Smith, Supreme Court No. 140371, the Court limited its 2009 ruling People v McGraw, 484 Mich 120, 124; 771 NW2d 655 (2009), concerning the scoring of sentencing guideline variables under the Michigan Sentencing Guidelines. OV 19 (MCL 777.49) permits the Court to score upto 25 points for attempting to interfere with the criminal justice system. In Smith, the Court (5-2) said that there was not a transaction limitation in this variable. The fact that the obstructive acts takes place weeks after the scoring does not bar the Court from scoring this variable. The Court reversed the Court of Appeals ruling to the contrary.