PEOPLE v. KENNETH BYRD

Summary Disposition July 9, 1996:

In lieu of granting leave to appeal, the judgment of the Court of Appeals is reversed. MCR 7.302(F)(1). It was not improper to assess points under Sentencing Guidelines Offense Variable 5. The direction that points are not to be assessed when the conviction offense is kidnapping is inapplicable where, as here, the Guidelines are being scored for another crime. "Conviction offense" means the offense being scored. This disposition of the prosecutor's application renders the application filed by the defendant moot and it is denied.

Court of Appeals No. 173087.