PEOPLE OF MI V DAVID JAMES MURRAY

 Annotate this Case
Download PDF
STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED January 17, 1997 Plaintiff-Appellee, v No. 183605 Oakland County LC No. 95-136858 FC DAVID JAMES MURRAY, Defendant-Appellant. Before: Markman, P.J., and O’Connell and D. J. Kelly,* JJ. MEMORANDUM. Defendant pleaded guilty to one count of armed robbery, MCL 750.529; MSA 28.797, and was sentenced to a term of imprisonment of three to twenty years. He now appeals as of right, challenging the scoring of a particular offense variable (OV). We affirm. Defendant contends that inadequate evidence supported the sentencing court’s decision to score OV 9, Offender’s Role, to reflect that defendant had been the leader in a multiple offender situation. As a consequence of this scoring decision, the guidelines recommended minimum sentence range increased from twelve to forty-eight months to eighteen to sixty months. We find no error. Review of scoring decisions is very limited. As set forth in People v Elliott, 215 Mich App 259, 260; 544 NW2d 748 (1996) (emphasis supplied), “[s]coring decisions for which there is any evidence in support will be upheld” on appeal. Here, the presentence investigation report indicates that defendant was the first to enter the Taco Bell restaurant he and two others subsequently robbed, that he ordered an employee to open a back door to allow his two associates to enter the restaurant, and that he was the only one of the three to be wielding an instrument designed to look like a firearm. Thus, because this evidence supports the court’s scoring of OV 9, and because defendant has indicated no valid reason why this evidence should be ignored, we find that evidence supports the court’s scoring. Affirmed. * Circuit judge, sitting on the Court of Appeals by assignment. -1­ /s/ Stephen J. Markman /s/ Peter D. O’Connell /s/ Daniel J. Kelly -2­

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.