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.
Current Articles
- Registration is open for the 2026 Appellate Writing Workshop
- Sentencing guidelines objections at probation violation sentencings
- Project Reentry: The role of technical literacy in Reentry
- Ask an appellate attorney: Whose defense is it anyways?
- Project Reentry's End of Summer Gathering
- SADO is hiring Assistant Defenders
- SADO's Michael Mittlestat works with UM clinical law students to secure new trial
- Crime class mysteries: Mismatched sentencing guidelines crime classifications
- More than a file: The power of the attorney-client relationship
- Safe & Just Michigan
Subscriber Comments