People v. Butler, 865 N.W.2d 29 (Mich. 2015). · Go Syfert
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People v. Butler, 865 N.W.2d 29 (Mich. 2015). Cases Citing This Book View Copy Cite
13 citation events (13 in the last 25 years) across 2 distinct courts.
Strongest positive: People of Michigan v. Robert John Gathrite (michctapp, 2019-12-05)
Top citers, strongest first. 3 distinct citers. How cited ↗
cited Cited as authority (rule) People of Michigan v. Robert John Gathrite
Mich. Ct. App. · 2019 · confidence medium
People v Butler, 498 Mich 859, 859 (2015).
discussed Cited "see" People of Michigan v. Amier Dashad Hill
Mich. Ct. App. · 2016 · signal: see · confidence high
See People v Butler, 865 NW2d 29 (2015) (vacating the defendant’s sentence where OV 13 was assessed at 25 points “based on out-of-state charges or accusations” because the -4- prosecution had not proved by a preponderance of the evidence that the crimes actually took place).5 Thus, to the extent the trial court considered the facts giving rise to the dismissed charges, it could not have found by a preponderance of the evidence that defendant committed an assault with intent to commit great bodily harm less than murder or an assault with intent to commit murder.6 Accordingly, the court di…
cited Cited "see" People of Michigan v. Charles Terrance Underwood
Mich. Ct. App. · 2016 · signal: see · confidence high
See Butler, 498 Mich at 859 (emphasis added).
Retrieving the full opinion text from the archive…
People
v.
Michael Butler
No. 151499; Court of Appeals No. 325650.
Michigan Supreme Court.
Jul 1, 2015.
865 N.W.2d 29
Cited by 2 opinions  |  Published

Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we vacate the sentence of the Berrien Circuit Court and we remand this case to the trial court for resentencing. According to the Presentence Investigation Report and the sentencing transcript, the defendant was assessed 25 points on Offense Variable (OV) 13, MCL 777.43, based on out-of-state charges or accusations, but the record provides no facts in support of the score. Before any such alleged crimes may be used to score OV 13, the prosecution must prove by a preponderance of the evidence that the crimes actually took place, that the defendant committed them, that they are properly classified as felony “crimes against a person,” MCL 777.43(l)(c), and that they occurred “within a 5-year period” of the sentencing offense, MCL 777.43(2)(a). See People v Hardy, 494 Mich 430 (2013).