PEOPLE OF MI V GERALD ALAN SHORT
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
October 25, 2007
Plaintiff-Appellee,
v
No. 266368
Kent Circuit Court
LC No. 05-000708-FH
GERALD ALAN SHORT,
Defendant-Appellant.
Before: Hoekstra, P.J., and Sawyer and Murray, JJ.
SAWYER, J. (concurring in part and dissenting in part).
I concur with the majority’s opinion, which affirms defendant’s conviction and the
scoring of OV 8, MCL 777.38. However, I dissent from the majority’s conclusion that the trial
court did not err when it scored 50 points for OV 7, MCL 777.37.
Here there is minimal proof that defendant “slugged” the victim during the sexual act; the
victim testified that the last thing she remembers is defendant raising his arm. From her
testimony, the trial court inferred that defendant hit her, rendering her unconscious. I do not
believe that this conduct rose to the level of sadism, torture or excessive brutality or conduct
designed to substantially increase the fear and anxiety a victim suffered during the offense.
MCL 777.37(1)(a). Therefore, I believe the trial court abused its discretion by scoring defendant
50 points for OV 7 when there was no record evidence to support the scoring decision. People v
Endres, 269 Mich App 414, 417; 711 NW2d 398 (2006).
I would affirm but remand for resentencing.
/s/ David H. Sawyer
-1-
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.
