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156606 - People v Alonzo Carter

The People of the State of Michigan,

 

Amanda Smith

 

Plaintiff-Appellee,

 

v

(Appeal from Ct of Appeals)

 

 

(Wayne – Evans, V.)

 

Alonzo Carter,

 

Douglas Baker

 

Defendant-Appellant.

 

Summary

Defendant fired three bullets through the door of his neighbor’s apartment. Two adults and a baby were inside the apartment; no one was struck, but one bullet punctured an air mattress on which the baby was sleeping. A jury convicted defendant of assault with intent to do great bodily harm less than murder (AWIGBH), felon in possession of a firearm (felon-in-possession), intentional discharge of a firearm at a dwelling or potentially occupied structure, assault with a dangerous weapon (felonious assault), and felony-firearm second offense. The trial court sentenced defendant to serve concurrent prison terms of 5 to 10 years for AWIGBH, 1 to 5 years for felon-in-possession, 1 to 10 years for intentional discharge of a firearm, and 1 to 4 years for felonious assault, all to be served consecutively to the mandatory 5-year sentence for felony-firearm second offense. On appeal, defendant objected to the scoring of three offense variables, including OV 12 (contemporaneous felonious criminal acts). The prosecution conceded that two variables were improperly scored, but argued that the 10-point score for OV 12 was proper. In an unpublished opinion, the Court of Appeals affirmed the scoring of OV 12 and declined to remand for resentencing. The Supreme Court has directed oral argument on defendant’s application for leave to appeal to address whether defendant was properly assessed 10 points under OV 12, MCL 777.42. See People v Light, 290 Mich App 717 (2010). ​