PEOPLE OF MI V SHANE MICHAEL SMITH

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V SHANE MICHAEL SMITH
Docket No. 378712
LC No. 2023-013351-FH
Mark T. Boonstra
Presiding Judge
Brock A. Swartzle
Christopher P. Yates
Judges
In lieu of granting the application for leave to appeal this case is REMANDED to the trial
court for resentencing because the trial court erred by including prior convictions beyond the ten-year
limitation period in MCL 777.50(1) in scoring prior record variable 5 (PRV 5) of the sentencing guidelines.
Thus, PRV 5 should have been scored at zero points. Because this scoring error affected the recommended
guidelines sentencing range resentencing is required. People v Carter, 503 Mich 221, 223; 931 NW2d 566
(2019). In light of the relief granted with regard to the incorrect scoring of PRV 5 there is no need to reach
defendant’s issue challenging the proportionality of his sentence. In all other respects the application is
DENIED for lack of merit in the grounds presented.
The motion to remand is DENIED as moot in light of the relief granted in lieu of granting
the application.
We do not retain jurisdiction.
_______________________________
Presiding Judge
January 16, 2026

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