PEOPLE OF MI V SACKDAVANH NOY PHRAXAYAVONG

Annotate this Case

Download PDF

STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED August 23, 2007 Plaintiff-Appellee/Cross-Appellant, v No. 270381 Shiawassee Circuit Court LC No. 05-003008-FH SACKDAVANH NOY PHRAXAYAVONG, Defendant-Appellant/CrossAppellee. Before: Owens, P.J., and White and Murray, JJ. WHITE, J. (concurring in part and dissenting in part). I respectfully dissent from the majority’s determination that OV 9 was improperly scored. “A sentencing court has discretion in determining the number of points to be scored, provided that evidence of record adequately supports a particular score.” People v Hornsby, 251 Mich App 462, 468; 650 NW2d 700 (2002). “Scoring decisions for which there is any evidence in support will be upheld.” Id., quoting People v Elliott, 215 Mich App 259, 260; 544 NW2d 748 (1996). Because the trial court’s lucid explanation of its scoring of zero points for OV 9 is supported by record evidence, I would affirm the trial court in this regard. /s/ Helene N. White -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.