PEOPLE OF MI V CLARENCE RAY SHIVLIE

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED May 7, 1999 Plaintiff-Appellee, v No. 201899 Muskegon Circuit Court LC No. 96-139298 FC CLARENCE RAY SHIVLIE, Defendant-Appellant. Before: Gage, P.J., and Gribbs and Hoekstra, JJ. MEMORANDUM. Defendant appeals by right his plea based conviction for third-degree criminal sexual conduct, MCL 750.520d; MSA 28.788(4). We affirm. On appeal, defendant asserts that the trial court erroneously scored OV 12 at fifty points based on multiple criminal sexual penetrations in the same transaction. This identical issue was raised in People v Raby, 456 Mich 487, 496; 572 NW2d 644 (1998). The Supreme Court held that a challenge to such a guidelines scoring issue did n present grounds for resentencing because the ot guidelines do not have the force of law. People v Mitchell, 454 Mich 145, 147-148; 560 NW2d 600 (1997). A putative error in the scoring of the sentencing guidelines is not a basis upon which an appellate court can grant relief. Raby, supra, 499. Affirmed. /s/ Hilda R. Gage /s/ Roman S. Gribbs /s/ Joel P. Hoekstra -1

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