PEOPLE OF MI V MARQUIS DEANGELO NELSON (Concurring Opinion)

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED July 19, 2011 Plaintiff-Appellee, v No. 296932 Calhoun Circuit Court LC No. 09-001269-FH MARQUIS DEANGELO NELSON, Defendant-Appellant. Before: MARKEY, P.J., and FITZGERALD and SHAPIRO, JJ. FITZGERALD, J. (concurring in part and dissenting in part). I agree with the analysis of Offense Variable 1 in Judge Shapiro’s concurring in part and dissenting in part opinion. However, because a reduction of five points from defendant’s OV score would not result in a change in the sentencing guidelines, I would not remand for resentencing. In all other respects, I concur in the majority opinion. /s/ E. Thomas Fitzgerald -1-

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