Horowitz wins reversal in Michigan Court of Appeals

In People v Jurek, the Michigan Court of Appeals recently vacated the defendant's conviction for larceny by conversion and vacated the defendant's sentences for third-offense OWI and resisting and/or obstructing.

The court agreed with Attorney Horowitz that the prosecution presented insufficient trial evidence to support a conviction for larceny by conversion. The court also agreed that the defendant was entitled to resentencing on third-offense OWI and resisting and/or obstructing because the trial court erred by adding 25 guidelines points for Offense Variable (OV) 13. Under MCL 777.43(1), OV 13 considers a “continuing pattern of criminal behavior” and assesses 25 Offense Variable points if the offense was part of a pattern of felonious criminal activity involving 3 or more crimes against a person. The Court of Appeals agreed with Attorney Horowitz that, because OWI is a crime against public safety and not a crime against a person, it cannot be part of a pattern of crimes against a person. The court also agreed that, regarding the resisting and/or obstructing conviction, there was not a pattern of felonious criminal activity involving at least three crimes against a person because a single felonious act that results in multiple convictions cannot constitute a pattern of criminal behavior.