PEOPLE OF MI V CAIRESSE LYNAE ELAINE FRANK

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V CAIRESSE LYNAE ELAINE FRANK
Docket No. 379479
LC No. 2025-496-072-FC
Mariam S. Bazzi
Presiding Judge
Anica Letica
Randy J. Wallace
Judges
The motion for immediate consideration is GRANTED.
Pursuant to MCR 7.211(C)(4) and MCR 7.205(E)(2), and in lieu of granting the application
for leave to appeal, we PEREMPTORILY REVERSE the January 5, 2026 order of the trial court,
VACATE the judgment of sentence, and REMAND for further proceedings consistent with this order.
The trial court’s scoring of offense variable 3 at 100 points was in error because the court took into
consideration conduct beyond defendant’s sentencing offense. People v McGraw, 484 Mich 120, 129;
771 NW2d 655 (2009); People v Jackson, __ Mich App __, __; __ NW3d __ (2024) (Docket No. 366078),
slip op at p. 3 (noting that “. . . the facts giving rise to the scoring [of offense variable 3] must [ ] occur
during the commission of the crime for which the defendant is being sentenced.”). This scoring error
requires resentencing. Jackson, __ Mich App at __, slip at p. 2.
On remand, the case returns to a “presentence posture,” People v Lampe, 327 Mich App
104, 112; 933 NW2d 314 (2019), meaning that every aspect of sentencing is before the trial court de novo,
People v Williams, 208 Mich App 60, 65; 526 NW2d 614 (1994).
The trial court shall resentence defendant within 56 days of the Clerk’s certification of this
order.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.
_______________________________
Presiding Judge
March 6, 2026

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