PEOPLE OF MI V NACARRI QUINTAE HOWARD

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V NACARRI QUINTAE HOWARD
Docket No. 380041
LC No. 25-005581-FH
Christopher M. Murray
Presiding Judge
Michelle M. Rick
Sima G. Patel
Judges
In lieu of granting the application for leave to appeal, we VACATE defendant’s sentence
and remand for resentencing. Points should be scored under Prior Record Variable 4 (PRV 4) of the
sentencing guidelines for a defendant’s prior low severity juvenile adjudications. MCL 777.54(1). Five
points are scored where “[t]he offender has 2 prior low severity juvenile adjudications.” MCL
777.54(1)(d). Two points are to be scored where “the offender has 1 prior low severity juvenile
adjudication.” MCL 777.54(1)(e). Defendant’s Muskegon County prior juvenile adjudication is not a
prior low severity adjudication because that matter was dismissed, as opposed to being set aside or
expunged. See MCL 777.50(4)(a). Excluding the Muskegon County adjudication results in a score of
two points, rather than five points under PRV 4, and that scoring would alter defendant’s guidelines. Thus,
the trial court shall resentence defendant using a PRV score of two points. See People v Francisco, 474
Mich 82, 89-91; 711 NW2d 44 (2006) (resentencing required for guidelines scoring error that affected
sentencing guidelines range). The application for leave to appeal is DENIED in all other respects. We do
not retain jurisdiction.
_______________________________
Presiding Judge
April 27, 2026

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