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152111 - People v Damaceno Richard Abrego

The People of the State of Michigan,
 
Adam M. Dreher
 
Plaintiff-Appellant,
 
v
(Appeal from Ct of Appeals)
 
 
(Ionia – Hoort, D.)
 
Damaceno Richard Abrego,
 
David L. Zoglio
 
Defendant-Appellee.
 

Summary

Defendant Damaceno Abrego drove while intoxicated, with his 6-year-old daughter and her 9-year-old half-sister in his vehicle. He pleaded guilty to operating while intoxicated, second offense, with a passenger under 16, and another charge.  On appeal, Abrego argued, among other things, that the trial court erred in scoring Offense Variable 8, MCL 777.38, at 15 points on the theory that he moved, or asported, the victims to a place or situation of greater danger.  In an unpublished per curiam opinion, the Court of Appeals agreed, ruling that the asportation was incidental to the offense of which defendant was convicted.  The prosecutor appealed to the Supreme Court.  On November 25, 2015, the Supreme Court ordered oral argument on the application.  The parties have been directed to address whether the Court of Appeals erred in holding that OV 8 should not have been scored where the movement was “incidental” to the offense of operating while intoxicated, second offense, with a passenger under 16.