Michigan v. White (Opinion on Application)Annotate this Case
Anthony White pled guilty to armed robbery, and breaking and entering, all in connection with a gas station robbery during which he held a gun to the cashier’s head. He was sentenced to 108 to 480 months in prison for the robbery charge, and 23-120 months for breaking and entering. White was assessed 10 points for Offense Variable (OV) 4, reflecting a court finding that the victim suffered serious psychological injury requiring treatment because the victim heard the trigger being pulled, which the court determined was enough evidence to show the psychological distress. White challenged that finding: that the trigger sound was enough to support the OV-4. The Michigan Supreme Court agreed this wasn’t enough to support the OV-4 points. Because the subtraction of 10 points lowered defendant’s guidelines range for his guilty plea to armed robbery from a minimum of 81 to 135 months in prison to a minimum of 51 to 85 months in prison, the judgment of sentence was vacated and the case was remanded for resentencing.