THE MICHIGAN PENAL CODE
Act 328 of 1931
750.529a Carjacking; felony; penalty; “in the course of committing a larceny of a motor vehicle” defined; consecutive sentence.
Sec. 529a.
(1) A person who in the course of committing a larceny of a motor vehicle uses force or violence or the threat of force or violence, or who puts in fear any operator, passenger, or person in lawful possession of the motor vehicle, or any person lawfully attempting to recover the motor vehicle, is guilty of carjacking, a felony punishable by imprisonment for life or for any term of years.
(2) As used in this section, "in the course of committing a larceny of a motor vehicle" includes acts that occur in an attempt to commit the larceny, or during commission of the larceny, or in flight or attempted flight after the commission of the larceny, or in an attempt to retain possession of the motor vehicle.
(3) A sentence imposed for a violation of this section may be imposed to run consecutively to any other sentence imposed for a conviction that arises out of the same transaction.
History: Add. 1994, Act 191, Eff. Oct. 1, 1994 ;-- Am. 2004, Act 128, Eff. July 1, 2004
Notes of Decisions
People v. Hardy; People v. Glenn, 494 Mich. 430 (Mich. 2013).
· cites it 7× “When scoring the sentencing guidelines, the circuit court, assessed 50 points for offense variable (OV) 7 (aggravated physical abuse), MCL 777.”
People v. Davis, 658 N.W.2d 800 (Mich. 2003).
· cites it 5× “This case presents the question whether defendant may be convicted twice of carjacking, MCL 750.529a, one conviction being based on the theft from the driver of the vehicle and the other conviction being based on the theft of the same vehicle from the passenger.”
People v. Cain, 829 N.W.2d 37 (Mich. Ct. App. 2012).
· cites it 6× “A jury convicted defendant of carjacking, MCL 750.529a, unlawfully driving away a motor vehicle (UDAA), MCL 750.”
People v. Williams, 792 N.W.2d 384 (Mich. Ct. App. 2010).
· cites it 5× “Notably, the carjacking statute, MCL 750.529a, is almost identical to the wording of MCL 750.”
People v. Ryan, 819 N.W.2d 55 (Mich. Ct. App. 2012).
· cites it 3× “110a(8) (home invasion) 6 and MCL 750.529a(3) (carjacking), 7 yet it is unlikely, defendant posits, that multiple convictions of any one of these offenses — for example, home invasion — could ever arise from the same transaction.”
People v. Jones, 823 N.W.2d 312 (Mich. Ct. App. 2012).
· cites it 3× “81d(3), carjacking, MCL 750.529a, second-degree fleeing and eluding a police officer, MCL 750.”
People v. McGee, 761 N.W.2d 743 (Mich. Ct. App. 2008).
· cites it 3× “89 states: Any person, being armed with a dangerous weapon, or any article used or fashioned in a manner to lead a person so assaulted reasonably to believe it to be a dangerous weapon, who shall assault another with intent to rob and steal shall be guilty of a felony,…”
People v. Ford, 687 N.W.2d 119 (Mich. Ct. App. 2004).
· cites it 2× “We also find support for the Shipe panel's analysis by analogy from our Supreme Court's construction of MCL 750.529a(1), the carjacking statute, which provides: A person who by force or violence, or by threat of force or violence, or by putting in fear robs, steals, or takes a…”
People v. Small, 650 N.W.2d 328 (Mich. 2002).
· cites it 3× “Following a bench trial, defendant was convicted of carjacking, MCL 750.529a, and assault with intent to commit murder, MCL 750.”
People v. Parker, 584 N.W.2d 336 (Mich. Ct. App. 1998).
· cites it 3× “354(1), carjacking, MCL 750.529a; MSA 28.797(a), armed robbery, MCL 750.”
People v. Fomby, 831 N.W.2d 887 (Mich. Ct. App. 2013).
“529, and carjacking, MCL 750.529a. The trial court sentenced defendant to life imprisonment for felony murder and 19 to 80 years’ imprisonment for armed robbery and carjacking.”
People v. Conat, 605 N.W.2d 49 (Mich. Ct. App. 2000).
· cites it 2× “797; (11) carjacking, MCL 750.529a; MSA 28.797(a); (12) bank, safe, or vault robbery, MCL 750.”
— Mich. Comp. Laws § 750.529a(1) — 33 cases
People v. Hardy; People v. Glenn, 494 Mich. 430 (Mich. 2013).
“When scoring the sentencing guidelines, the circuit court, assessed 50 points for offense variable (OV) 7 (aggravated physical abuse), MCL 777.”
People v. Ford, 687 N.W.2d 119 (Mich. Ct. App. 2004).
“We also find support for the Shipe panel's analysis by analogy from our Supreme Court's construction of MCL 750.529a(1), the carjacking statute, which provides: A person who by force or violence, or by threat of force or violence, or by putting in fear robs, steals, or takes a…”
— Mich. Comp. Laws § 750.529a(2) — 8 cases
People v. Parker, 584 N.W.2d 336 (Mich. Ct. App. 1998).
“354(1), carjacking, MCL 750.529a; MSA 28.797(a), armed robbery, MCL 750.”
— Mich. Comp. Laws § 750.529a(3) — 10 cases
People v. Ryan, 819 N.W.2d 55 (Mich. Ct. App. 2012).
“110a(8) (home invasion) 6 and MCL 750.529a(3) (carjacking), 7 yet it is unlikely, defendant posits, that multiple convictions of any one of these offenses — for example, home invasion — could ever arise from the same transaction.”
People v. McGee, 761 N.W.2d 743 (Mich. Ct. App. 2008).
“89 states: Any person, being armed with a dangerous weapon, or any article used or fashioned in a manner to lead a person so assaulted reasonably to believe it to be a dangerous weapon, who shall assault another with intent to rob and steal shall be guilty of a felony,…”
— Mich. Comp. Laws § 750.529a(l) — 10 cases
People v. Hardy; People v. Glenn, 494 Mich. 430 (Mich. 2013).
“When scoring the sentencing guidelines, the circuit court, assessed 50 points for offense variable (OV) 7 (aggravated physical abuse), MCL 777.”
People v. McGee, 761 N.W.2d 743 (Mich. Ct. App. 2008).
“89 states: Any person, being armed with a dangerous weapon, or any article used or fashioned in a manner to lead a person so assaulted reasonably to believe it to be a dangerous weapon, who shall assault another with intent to rob and steal shall be guilty of a felony,…”
People v. Small, 650 N.W.2d 328 (Mich. 2002).
“Following a bench trial, defendant was convicted of carjacking, MCL 750.529a, and assault with intent to commit murder, MCL 750.”
People v. Davis, 658 N.W.2d 800 (Mich. 2003).
“This case presents the question whether defendant may be convicted twice of carjacking, MCL 750.529a, one conviction being based on the theft from the driver of the vehicle and the other conviction being based on the theft of the same vehicle from the passenger.”
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