People v. Jones
| Decision Date | 30 July 2013 |
| Docket Number | COA No. 307184.,Docket No. 146740. |
| Citation | 494 Mich. 880,834 N.W.2d 485 |
| Parties | PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Byron Deandre JONES, Defendant–Appellant. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
On order of the Court, the application for leave to appeal the January 24, 2013 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we VACATE the portion of the Court of Appeals judgment stating that “[a] scoring decision is not clearly erroneous if the record contains any evidence in support of the decision” and “[s]coring decisions for which there is any evidence in support will be upheld.” People v. Jones, 299 Mich.App. 284, 286, 829 N.W.2d 350 (2013) (). As this Court stated in People v. Osantowski, 481 Mich. 103, 111, 748 N.W.2d 799 (2008), an appellate court reviews for clear error a trial court's finding of facts, and “[a] trial court determines the sentencing variables by reference to the record, using the standard of preponderance of the evidence.” (Emphasis added.) In all other respects, leave to appeal is DENIED because we are not persuaded that the questions presented should be reviewed by this Court.
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