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156502 - People v Antjuan Pierre Jackson

The People of the State of Michigan,

 

Mark Holsomback

 

Plaintiff-Appellee,

 

v

(Appeal from Ct of Appeals)

 

 

(Kalamazoo – Johnson, J.)

 

Antjuan Pierre Jackson,

 

Angeles Meneses

 

Defendant-Appellant.

 

Summary

Defendant pled guilty to unarmed robbery. At sentencing, he objected to the scoring of offense variable (OV) 13 (continuing pattern of criminal behavior) at 25 points, claiming that his two prior convictions for attempted resisting and obstructing a police officer (which were punishable by up to one year in jail) were misdemeanors, not felonies, and thus could not be counted for purposes of scoring OV 13. The trial court rejected the challenge and sentenced defendant as a second habitual offender to serve 8 to 22½ years in prison. The Court of Appeals denied defendant’s delayed application for leave to appeal for lack of merit in the grounds presented. The Supreme Court remanded the case to the Court of Appeals for consideration as on leave granted. On remand, in a published opinion, the Court of Appeals affirmed the scoring of OV 13, holding that, because resisting and obstructing a police officer is an enumerated class G felony, the trial court was required to consider defendant’s convictions for attempted resisting and obstructing as class H felonies under MCL 777.19(3)(b). The Supreme Court has directed oral argument on defendant’s application for leave to appeal to address whether the provision in MCL 777.19(1) that the sentencing guidelines only apply to an attempt to commit an enumerated offense “if the attempted violation is a felony” requires that the offense defendant attempted to commit be a felony, or the attempt conviction itself be a felony, for purposes of scoring OV 13, MCL 777.43(1)(c). ​