COA 376479 PEOPLE OF MI V RODRICK SMITH JR Opinion - Per Curiam - Unpublished 6/17/2026

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to
revision until final publication in the Michigan Appeals Reports.
-1-
S T A T E O F M I C H I G A N
C O U R T O F A P P E A L S
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
UNPUBLISHED
June 17, 2026
10:46 AM
v No. 376479
Saginaw Circuit Court
RODRICK SMITH JR, LC No. 23-000538-FH
Defendant-Appellant.
Before: REDFORD, P.J., and WALLACE and LIEVENSE, JJ.
LIEVENSE, J. (concurring in part and dissenting in part).
I agree with majority’s analysis and conclusion that the trial court did not correctly score
PRV 7 because the two convictions were not “concurrent with” each other, and I concur in that
result. I disagree, however, that based on the available record and briefing, we can conclude that
PRV 7 should have applied for reasons other than what the trial court ruled, and what the parties
briefed on appeal. Therefore, I dissent from that portion of the opinion and would instead vacate
defendant’s sentence and remand this case to the trial court to (1) consider whether PRV 7 should
apply for some other reason and (2) resentence defendant based on its recalculation of the
applicable sentencing guidelines, which may or may not score points for PRV 7.
/s/ Andrew J. Lievense

-- 1 of 1 --