People v Pecola Michelle Jamison

SENTENCING AND PUNISHMENT -- Guidelines -- Scoring
 
People v Pecola Michelle Jamison
___ Mich App ___ (#297154, 04-26-11)
PC: Beckering, Whitbeck, Kelly
GERALD FERRY
 
Vacated sentence of one to ten years for assault with intent to do great bodily harm less than murder.
 
The trial court erred in scoring 10 points under OV 10 for exploiting a domestic relationship.  Defendant and the victim had a fairly brief relationship that ended over a year before the offense.  Not simply any type of dating relationship, past or present, meets the requirements of OV 10.  To qualify as a “domestic relationship,” there must be a familial or cohabiting relationship.  Defendant and the victim did not have such a relationship.  Although the victim was allowed to keep clothes at defendant’s house, merely being permitted to keep some of one’s belongings at someone else’s house does not establish a cohabiting relationship.  Had OV 10 not been scored, the guidelines range would have been lower.