PEOPLE v. HUSTON

Docket No. 141312.

802 N.W.2d 261 (2011)

489 Mich. 451

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Cecil D. HUSTON, Defendant-Appellee.

Supreme Court of Michigan.

July 26, 2011.


Attorney(s) appearing for the Case

Bill Schuette, Attorney General, John J. Bursch, Solicitor General, Arthur J. Cotter, Prosecuting Attorney, and Aaron J. Mead, Assistant Prosecuting Attorney, for the people.

Ronald D. Ambrose for defendant.

Ronald J. Schafer and Terrence E. Dean for amicus curiae the Prosecuting Attorneys Association of Michigan.


Opinion

MARKMAN, J.

At issue in this case is whether the trial court properly assessed 15 points for offense variable (OV) 10. OV 10 should have 15 points assessed when the defendant has engaged in "predatory conduct" to "exploit[] ... a vulnerable victim." MCL 777.40(1)(a). Contrary to the Court of Appeals' holding, in order to assess 15 points for OV 10, the defendant's preoffense conduct only has to be directed at "a victim," not any specific victim,...

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