PEOPLE OF MI V JAQUWANNE TERRIL RUTLEY
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
November 30, 2010
Plaintiff-Appellee,
v
No. 291682
Washtenaw Circuit Court
LC No. 08-000671-FC
JAQUWANNE TERRIL RUTLEY,
Defendant-Appellant.
Before: BORRELLO, P.J., and JANSEN and BANDSTRA, JJ.
BANDSTRA, J. (concurring).
I concur with the majority opinion and its decision to affirm but write separately with
respect to defendant’s argument that offense variable (OV) 1 was improperly scored. As to that
issue, I would affirm because defense counsel requested that OV 1 be scored at 10 points and
cannot properly now benefit from a claim that, by acquiescing to that request, the trial court
committed error. Lewis v Legrow, 258 Mich App 175, 210; 670 NW2d 675 (2003). Thus, we
need not reach the merits of defendant’s argument in this regard.
/s/ Richard A. Bandstra
-1-
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