Michigan v. Reynolds
Annotate this CaseNicholas Reynolds pleaded no contest to two counts of child sexually abusive activity (CSAA); one count of third-degree criminal sexual conduct (CSC-III); and one count of assault by strangulation. The circuit court sentenced defendant to 160 to 240 months for the CSAA convictions, 108 to 180 months for the CSC-III conviction, and 72 to 120 months for the assault-by-strangulation conviction. The court ordered that these sentences run concurrently with each other but consecutively to defendant’s sentence for an Illinois child-pornography conviction for which he was on parole when he committed the crimes at issue here. Defendant moved the circuit court to correct an invalid sentence, arguing that his minimum sentencing guidelines range should have also been scored using his convictions for CSAA. The circuit court denied the motion. Defendant then sought leave to appeal in the Court of Appeals, but his application was denied. He then sought leave to appeal with the Michigan Supreme Court, and in lieu of granting leave to appeal, the Supreme Court remanded the case to the Court of Appeals for consideration as on leave granted. On remand, the Court of Appeals affirmed defendant’s sentences. Defendant contended the Court of Appeals erred by holding that he was not entitled to a remand for resentencing because CSAA and CSC-III were both Class B offenses, and defendant’s presentence investigation report (PSIR) should have scored the guidelines for both offenses under MCL 771.14(2)(e). The Michigan Supreme Court agreed with defendant, reversed in part, and remanded to the circuit court for resentencing on defendant’s CSAA convictions.
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