PEOPLE OF MI V LARRY JAY THOMPSON
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
November 19, 2002
Plaintiff-Appellee,
V
No. 233259
Kent Circuit Court
LC No. 00-008395-FC
LARRY JAY THOMPSON,
Defendant-Appellant.
Before: Griffin, P.J., and Gage and Meter, JJ.
MEMORANDUM.
Following a bench trial, defendant was convicted of kidnapping, MCL 750.349, and
aggravated assault, MCL 750.81a. He was sentenced to serve seven to fifty years in prison for
the kidnapping conviction and one year in the county jail for the assault conviction. He appeals
as of right, challenging the sentencing court’s scoring of Offense Variables 1, 2, 3, and 7. We
affirm.
The legislative sentencing guidelines apply to offenses committed on or after January 1,
1999. MCL 769.34(2). This Court must affirm minimum sentences within the guidelines
sentence range unless there was an error in scoring the guidelines or inaccurate information
relied on in determining the sentence. MCL 769.34(10); People v Leversee, 243 Mich App 337,
348; 622 NW2d 325 (2000). The sentencing court’s scoring of the guidelines is reviewed for an
abuse of discretion and, if there is evidence to support a particular score, the court’s decision will
be affirmed. See People v Cain, 238 Mich App 95, 129-130; 605 NW2d 28 (1999).
Other than OV 1, we find no merit to defendant’s scoring challenges. As to OV 1, even
if we were to find that defendant’s air-propelled BB gun fell within the statutory exception to the
definition of “firearm” in MCL 8.3t,1 the reduction in score for this variable from fifteen points
1
The statutory provision, MCL 8.3t, provides:
The word “firearm,” except as otherwise specifically defined in the
statutes, shall be construed to include any weapon from which a dangerous
projectile may be propelled by using explosives, gas or air as a means of
propulsion, except any smooth bore rifle or handgun designed and manufactured
(continued…)
-1-
to ten points would not affect the overall OV level. Thus, because defendant’s minimum
sentence falls within the proper guidelines range, any error in scoring OV 1 was harmless, and
this Court must affirm the sentence. MCL 769.34(10).
Affirmed.
/s/ Richard Allen Griffin
/s/ Hilda R. Gage
/s/ Patrick M. Meter
(…continued)
exclusively for propelling BB’s not exceeding .177 caliber by means of spring,
gas or air.
-2-
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