People of the State of Michigan v. Shannon Nicole Hindman, 472 Mich. 875

Summary

The Michigan Supreme Court reversed part of the Court of Appeals' judgment and remanded for resentencing on the defendant's second-degree murder conviction under properly scored sentencing guidelines. The court held that offense variable 10 was improperly scored based on exploitation of the defendant's children rather than the crime victim, and that offense variable 18 was improperly scored because vehicle operation was not an element of second-degree murder. The court also directed the circuit court to reconsider the scoring of offense variable 3 and denied leave to appeal in all other respects.

Holdings

1. Offense variable 10 must be scored on the basis of whether the offender exploited a victim's specified characteristic or a qualifying relationship; the circuit court erred by scoring defendant for exploiting her own children when they were merely passengers and were not victims of the criminal offense being scored.
2. Offense variable 18 may be scored only when an element of the offense or attempted offense involves the operation of a vehicle; because vehicle operation is not an element of second-degree murder, the circuit court erred in scoring offense variable 18.
3. On remand, the circuit court must consider whether the 35-point score for offense variable 3 was appropriate under the applicable language of former M.C.L. § 777.33(2)(c).

Questions Presented

1. Whether offense variable 10 was properly scored on the basis that defendant exploited her own children, who were not victims of the second-degree murder offense.
2. Whether offense variable 18 was properly scored when operation of a vehicle was not an element of second-degree murder.
3. Whether the sentencing guidelines required reconsideration of the offense-variable 3 score under former Michigan Compiled Laws § 777.33(2)(c).
4. Whether defendant was entitled to resentencing because she raised the offense-variable 10 scoring issue at sentencing.

Disposition

reversed_and_remanded