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150789 - People v Charles Jerome Douglas

The People of the State of Michigan,
 
Thomas M. Chambers
 
Plaintiff-Appellee,
 
v
(Appeal from Ct of Appeals)
 
 
(Wayne – Boykin, U.)
 
Charles Jerome Douglas,
 
Peter Jon VanHoek
 
Defendant-Appellant.
 

Summary

A jury convicted defendant Charles Jerome Douglas of several weapons-related charges.  Douglas was sentenced to two concurrent terms of two to ten years in prison, and a five-year consecutive sentence.  Douglas raised several issues on appeal, including a challenge to the way his sentence was calculated.  He argued that the trial court erred when it scored offense variable (OV) 13 (continuing pattern of criminal behavior), MCL 777.43, at 10 points, and that this error affected his sentence.  Douglas also argued that his trial counsel was ineffective for failing to bring this error to the attention of the sentencing judge.  The Court of Appeals affirmed Douglas’s convictions and sentences in an unpublished opinion.  Douglas filed an application for leave to appeal to the Supreme Court, which has scheduled oral argument on the application.  The Court directed the parties to address “whether People v Lockridge, 498 Mich 358 (2015), by rendering the sentencing guidelines advisory and/or by employing a remedy that does not mandate resentencing, affects (1) whether a defendant can be afforded relief for an unpreserved meritorious challenge to the scoring of offense variables through a claim of ineffective assistance of counsel, see People v Francisco, 474 Mich 82, 89 n 8 (2006);  and (2) the scope of relief, if any, to which a defendant is entitled when the defendant raises a meritorious challenge to the scoring of an offense variable, whether preserved or unpreserved, and the error changes the applicable guidelines range, whether the defendant’s sentence falls within the corrected range or not.  See id. at 89-90; see also People v Kimble, 470 Mich 305, 310 (2004).”