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PEOPLE v. OSANTOWSKI

Docket No. 134244.

748 N.W.2d 799 (2008)

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. ANDREW PAUL OSANTOWSKI, Defendant-Appellant.

Supreme Court of Michigan.

May 7, 2008.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Eric J. Smith, Prosecuting Attorney, Robert Berlin, Chief Appellate Attorney, and Joshua D. Abbott, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Marla R. McCowan), for the defendant.

Opinion

CORRIGAN, J.

This case poses the question whether a score of 100 points is appropriate for offense variable 20 (OV 20), which addresses terrorism, when a defendant threatens to cause harm using certain substances or devices but his threats, themselves, do not constitute acts of terrorism as defined by MCL 750.543b(a). We conclude that scoring 100 points pursuant to MCL 777.49a(1)(a) is inappropriate...

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