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151048 - People v Antonio Tony Gloster

The People of the State of Michigan,
Toni Odette
(Appeal from Ct of Appeals)
(Wayne – Talon, L.)
Antonio Tony Gloster,
Kristen E. LaVoy


Defendant Antonio Tony Gloster was convicted by a jury of armed robbery, and sentenced to 85 months to 20 years in prison. Gloster argued that the trial court erred when it scored offense variable (OV) 10 (exploitation of a vulnerable victim), MCL 777.40, at 15 points based on the court’s finding that “predatory conduct” was involved in the crime. Gloster argued that there was no predatory conduct at all.  He also argued that the trial court improperly scored the variable based on the conduct of his accomplices, who selected and robbed the elderly victim, rather than on his own conduct as the getaway driver.  The Court of Appeals affirmed the scoring of OV 10 and Gloster’s sentence in an unpublished per curiam opinion. Gloster 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 Gloster was properly assigned 15 points for OV 10 for predatory conduct, and in particular, whether the scoring of OV 10 was proper based on Gloster’s own conduct, or alternatively, based on the conduct of Gloster’s accomplices.  See MCL 767.39; cf. People v Hunt, 290 Mich App 317, 325-326 (2010) (conviction not based on aiding and abetting), cited in People v Hardy, 494 Mich 430, 442 n 32 (2013).