Mich. Comp. Laws » Michigan Compiled Laws / Chapter 769 / Act 175 of 1927

Mich. Comp. Laws § 769.10

Punishment for subsequent felony; sentence imposed for term of years considered indeterminate sentence; use of conviction to enhance sentence prohibited.

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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


769.10 Punishment for subsequent felony; sentence imposed for term of years considered indeterminate sentence; use of conviction to enhance sentence prohibited.

Sec. 10.

    (1) If a person has been convicted of a felony or an attempt to commit a felony, whether the conviction occurred in this state or would have been for a felony or attempt to commit a felony in this state if obtained in this state, and that person commits a subsequent felony within this state, the person shall be punished upon conviction of the subsequent felony and sentencing under section 13 of this chapter as follows:

    (a) If the subsequent felony is punishable upon a first conviction by imprisonment for a term less than life, the court, except as otherwise provided in this section or section 1 of chapter XI, may place the person on probation or sentence the person to imprisonment for a maximum term that is not more than 1-1/2 times the longest term prescribed for a first conviction of that offense or for a lesser term.

    (b) If the subsequent felony is punishable upon a first conviction by imprisonment for life, the court, except as otherwise provided in this section or section 1 of chapter XI, may place the person on probation or sentence the person to imprisonment for life or for a lesser term.

    (c) If the subsequent felony is a major controlled substance offense, the person shall be punished as provided by part 74 of the public health code, 1978 PA 368, MCL 333.7401 to 333.7461.

    (2) If the court pursuant to this section imposes a sentence of imprisonment for any term of years, the court shall fix the length of both the minimum and maximum sentence within any specified limits in terms of years or a fraction of a year and the sentence so imposed shall be considered an indeterminate sentence. The court shall not fix a maximum sentence that is less than the maximum term for a first conviction.

    (3) A conviction shall not be used to enhance a sentence under this section if that conviction is used to enhance a sentence under a statute that prohibits use of the conviction for further enhancement under this section.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- Am. 1929, Act 24, Imd. Eff. Apr. 2, 1929 ;-- CL 1929, 17338 ;-- CL 1948, 769.10 ;-- Am. 1949, Act 56, Eff. Sept. 23, 1949 ;-- Am. 1978, Act 77, Eff. Sept. 1, 1978 ;-- Am. 1988, Act 90, Imd. Eff. Mar. 30, 1988 ;-- Am. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2006, Act 655, Imd. Eff. Jan. 9, 2007

FormerLaw Notes:

    See section 12 of Ch. 161 of R.S. 1846, being CL 1857, § 5948; CL 1871, § 7814; How., § 9424; CL 1897, § 11785; and CL 1915, § 15612.

Notes of Decisions
Cited in 1,007 cases (246 in the last 5 years), 1951–2026 · leading case: People v. Allen
Sort: Relevance Newest Treatment
People v. Allen (2016) mich · cites it 56× “, contain three sections to enhance sentences imposed on recidivist offenders: MCL 769.10 which applies to those sentenced for their second felony convictions; MCL 769.”
People v. Gardner (2008) mich · cites it 22× “Gardner, in propria persona, West Bloomfield, for the defendant. Jacqueline J. McCann, Detroit, for the Criminal Defense Attorneys of Michigan.”
People v. McCuller (2007) mich · cites it 18× “[13] Defendant also faced a statutory maximum sentence of 15 years in prison for his conviction of assault with intent to do great bodily harm less than murder as a second-offense habitual offender, MCL 750.”
People v. Gioglio (2012) michctapp · cites it 8× “STANDARDS OF REVIEW Finally, as part of his original appeal, Gioglio argued that the trial court erred when it determined that it had to sentence him as an habitual offender under MCL 769.10. This Court reviews for an abuse of discretion a trial court’s decision to apply…”
People v. Bonilla-Machado (2011) mich · cites it 8× “2 (b) The offense was part of a pattern of felonious criminal activity directly related to causing, encouraging, recruiting, soliciting, or coercing membership in a gang or communicating a threat with intent to deter, punish, or retaliate against another for withdrawing from a…”
People v. Brown (2012) mich · cites it 8× “Rather, defendant had been informed that the maximum penalty for the home-invasion offense was 15 years in prison, but he was ultimately sentenced to a prison term of 6 years and 3 months to 22 years and 6 months in accordance with the habitual- offender enhancement.”
People v. Lowe (2009) mich · cites it 10× “The habitual-offender statutes in the Code of Criminal Procedure, MCL 769.10, 769.11, and 769.12, permit the maximum sentence otherwise allowed to be increased on the basis of the number of previous offenses.”
People v. Bewersdorf (1991) mich · cites it 14× “2325(6), and of being an habitual offender, second offense, MCL 769.10; MSA 28.1082. Defendant was charged with OUIL-3, a felony, because his record included two prior misdemeanor OUIL convictions within the preceding ten years.”
People v. Eason (1990) mich · cites it 12× “See MCL 769.10; MSA 28.1082, as amended by 1978 PA 77 .”
People v. Wright (1989) mich · cites it 16× “We hold that any sentence for a term of years imposed pursuant to § 10 of the habitual offender *86 act, MCL 769.10; MSA 28.1082, [1] is subject to the rule that the minimum term of years may not exceed two-thirds of the maximum term of years.”
People v. Gonzalez (2003) michctapp · cites it 4× “§ 769.10, to consecutive prison terms of thirteen years and four months to thirty years in prison for the racketeering conviction, and five to forty years in prison for the soliciting conviction.”
People v. Peltola (2011) mich · cites it 4× “(3) If the offender is being sentenced under [MCL 769.10, MCL 769.11, or MCL 769.12], determine the offense category, offense class, offense variable level, and prior record variable level based on the underlying offense.”
Show all 1,007 citing cases →
— Mich. Comp. Laws § 769.10(1) — 12 cases
People v. Gardner (2008) mich “Gardner, in propria persona, West Bloomfield, for the defendant. Jacqueline J. McCann, Detroit, for the Criminal Defense Attorneys of Michigan.”
People v. Bonilla-Machado (2011) mich “2 (b) The offense was part of a pattern of felonious criminal activity directly related to causing, encouraging, recruiting, soliciting, or coercing membership in a gang or communicating a threat with intent to deter, punish, or retaliate against another for withdrawing from a…”
People v. Watson (2001) michctapp
United States v. Carnes (2000) mied
People of Michigan v. Rachel Fluegge (2016) michctapp
— Mich. Comp. Laws § 769.10(1)(a) — 30 cases
People v. Allen (2016) mich “, contain three sections to enhance sentences imposed on recidivist offenders: MCL 769.10 which applies to those sentenced for their second felony convictions; MCL 769.”
People v. Gardner (2008) mich “Gardner, in propria persona, West Bloomfield, for the defendant. Jacqueline J. McCann, Detroit, for the Criminal Defense Attorneys of Michigan.”
People v. Bonilla-Machado (2011) mich “2 (b) The offense was part of a pattern of felonious criminal activity directly related to causing, encouraging, recruiting, soliciting, or coercing membership in a gang or communicating a threat with intent to deter, punish, or retaliate against another for withdrawing from a…”
People v. McCuller (2007) mich “[13] Defendant also faced a statutory maximum sentence of 15 years in prison for his conviction of assault with intent to do great bodily harm less than murder as a second-offense habitual offender, MCL 750.”
People v. Harper (2007) mich
— Mich. Comp. Laws § 769.10(1)(b) — 2 cases
People v. Eason (1990) mich “See MCL 769.10; MSA 28.1082, as amended by 1978 PA 77 .”
People v. Carson (1997) michctapp
— Mich. Comp. Laws § 769.10(1)(c) — 5 cases
People v. Lowe (2009) mich “The habitual-offender statutes in the Code of Criminal Procedure, MCL 769.10, 769.11, and 769.12, permit the maximum sentence otherwise allowed to be increased on the basis of the number of previous offenses.”
People v. Allen (2016) mich “, contain three sections to enhance sentences imposed on recidivist offenders: MCL 769.10 which applies to those sentenced for their second felony convictions; MCL 769.”
People v. Bewersdorf (1991) mich “2325(6), and of being an habitual offender, second offense, MCL 769.10; MSA 28.1082. Defendant was charged with OUIL-3, a felony, because his record included two prior misdemeanor OUIL convictions within the preceding ten years.”
People v. Bewersdorf (1989) michctapp
People v. Primer (1993) mich
— Mich. Comp. Laws § 769.10(2) — 5 cases
People v. Harper (2007) mich
People v. Wright (1989) mich “We hold that any sentence for a term of years imposed pursuant to § 10 of the habitual offender *86 act, MCL 769.10; MSA 28.1082, [1] is subject to the rule that the minimum term of years may not exceed two-thirds of the maximum term of years.”
People v. Bewersdorf (1991) mich “2325(6), and of being an habitual offender, second offense, MCL 769.10; MSA 28.1082. Defendant was charged with OUIL-3, a felony, because his record included two prior misdemeanor OUIL convictions within the preceding ten years.”
People v. Martin (2003) michctapp
People of Michigan v. Jesse Gene Burns (2007) mich
— Mich. Comp. Laws § 769.10(3) — 2 cases
People v. Allen (2016) mich “, contain three sections to enhance sentences imposed on recidivist offenders: MCL 769.10 which applies to those sentenced for their second felony convictions; MCL 769.”
People v. Allen (2015) michctapp
— Mich. Comp. Laws § 769.10(34) — 3 cases
People of Michigan v. Dametrius Benjamin Posey (2023) mich
People of Michigan v. Dametrius Benjamin Posey (2023) mich
162373_134_01.Pdf (2023) mich
— Mich. Comp. Laws § 769.10(l)(a) — 11 cases
People v. Allen (2016) mich “, contain three sections to enhance sentences imposed on recidivist offenders: MCL 769.10 which applies to those sentenced for their second felony convictions; MCL 769.”
People v. Allen (2015) michctapp
People v. McCuller (2007) mich “[13] Defendant also faced a statutory maximum sentence of 15 years in prison for his conviction of assault with intent to do great bodily harm less than murder as a second-offense habitual offender, MCL 750.”
People v. Terrell (2015) michctapp
People v. Harper (2007) mich
— Mich. Comp. Laws § 769.10(l)(b) — 2 cases
People v. Carson (1997) michctapp
Daniel v. Overton (1994) mied
— Mich. Comp. Laws § 769.10(l)(c) — 4 cases
People v. Lowe (2009) mich “The habitual-offender statutes in the Code of Criminal Procedure, MCL 769.10, 769.11, and 769.12, permit the maximum sentence otherwise allowed to be increased on the basis of the number of previous offenses.”
People v. Allen (2016) mich “, contain three sections to enhance sentences imposed on recidivist offenders: MCL 769.10 which applies to those sentenced for their second felony convictions; MCL 769.”
People v. Voss (1984) michctapp
People v. Primer (1993) mich
— Mich. Comp. Laws § 769.10(lXb) — 1 case
People v. Eason (1990) mich “See MCL 769.10; MSA 28.1082, as amended by 1978 PA 77 .”
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