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No. 126930
| People of the State of Michigan, |
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Jason W. Williams |
Plaintiff-Appellee, |
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vs ( Wayne - Worthy, K.) |
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Anne Yantus |
| Christopher McKay, |
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Defendant-Appellant. |
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| ______________________________________ |
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Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief in Opposition to Application for Leave to Appeal>>
Defendant-Appellant's Application for Leave to Appeal>>
Defendant-Appellant's Supplemental Brief
Background
On January 24, 2003 , Christopher McKay robbed a Bank One branch in the city of Harper Woods . McKay pled no contest to one count of bank robbery, as a fourth habitual offender, and was sentenced to nine to 15 years' imprisonment. He argues that the trial court judge imposed this sentence based on inaccurate information. Specifically, McKay argues that his nine-year minimum sentence was the result of the trial court's error in scoring Offense Variable 13 at 25 points. Such a score is appropriate if the "offense was part of a pattern of felonious criminal activity involving 3 or more crimes against a person." MCL 777.43. For the purposes of scoring OV 13, "all crimes within a 5-year period, including the sentencing offense, shall be counted regardless of whether the offense resulted in a conviction." In this case, the judge based the 25-point score on three 1990 armed robbery convictions; at the time of the 2003 bank robbery, McKay was on parole for these three convictions. McKay argues that the five-year period has to include the sentencing offense, and that his 1990 convictions are outside the proper five-year period and cannot be considered. The Court of Appeals denied leave to appeal. McKay appeals.
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