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PEOPLE v. KIMBLE

Docket No. 122271. Calendar No. 1.

684 N.W.2d 669 (2004)

470 Mich. 305

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Richard A. KIMBLE, Defendant-Appellee.

Supreme Court of Michigan.

Decided June 29, 2004.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Michael E. Duggan, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Janet A. Napp and Jeffrey Caminsky, Assistant Prosecuting Attorneys, Detroit, MI, for the people.

Craig A. Daly, P.C., Detroit, MI, for the defendant.

MARKMAN, J.

We granted leave to appeal to consider whether defendant is entitled to resentencing where the trial court improperly scored offense variable 16 (OV 16), M.C.L. § 777.22(1). Defendant's minimum sentence, as a result, exceeds the appropriate sentencing guidelines range, and the trial court did not articulate a substantial and compelling reason for this departure. Defendant did not argue that OV 16 should not be scored until filing his application for...

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