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

Mich. Comp. Laws § 769.11 (2026)

Punishment for subsequent felony following conviction of 2 or more felonies; sentence for term of years considered indeterminate sentence; use of conviction to enhance sentence prohibited.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


769.11 Punishment for subsequent felony following conviction of 2 or more felonies; sentence for term of years considered indeterminate sentence; use of conviction to enhance sentence prohibited.

Sec. 11.

    (1) If a person has been convicted of any combination of 2 or more felonies or attempts to commit felonies, whether the convictions occurred in this state or would have been for felonies or attempts to commit felonies 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 sentence the person to imprisonment for a maximum term that is not more than twice the longest term prescribed by law 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 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, 17339 ;-- CL 1948, 769.11 ;-- 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

Compiler's Notes:

    Act 196 of 1971, referred to in this section, was repealed by Act 368 of 1978.

FormerLaw Notes:

    See section 13 of Ch. 161 of R.S. 1846, being CL 1857, § 5949; CL 1871, § 7815; How., § 9425; CL 1897, § 11786; and CL 1915, § 15613.

Notes of Decisions
Cited in 901 cases (256 in the last 5 years), 1950–2026 · leading case: People v. Gardner, 753 N.W.2d 78 (Mich. 2008).
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People v. Gardner, 753 N.W.2d 78 (Mich. 2008). · cites it 40× “On August 30, 2001, the circuit court sentenced defendant as a third offense habitual offender, MCL 769.11, to concurrent prison terms of 25 to 50 years for the murder conviction and 2 to 10 years for the felon in possession conviction and a consecutive term of 5 years for the…”
People v. Payne, 774 N.W.2d 714 (Mich. Ct. App. 2009). · cites it 4× “06-011607-FC, defendant was sentenced as a third-offense habitual offender, MCL 769.11, to life imprisonment. 2 In Kent Circuit Court Case No.”
People v. Drohan, 715 N.W.2d 778 (Mich. 2006). · cites it 8× “Following a jury trial, defendant was convicted of one count of third-degree criminal sexual conduct, MCL 750.”
People v. Allen, 884 N.W.2d 548 (Mich. 2016). · cites it 11× “10 which applies to those sentenced for their second felony convictions; MCL 769.11, which applies to those sentenced for their third felony convictions; and MCL 769.”
People v. Jones, 823 N.W.2d 312 (Mich. Ct. App. 2012). · cites it 7× “Defendant was sentenced, as a third-offense habitual offender, MCL 769.11, to 10 to 20 years’ imprisonment for each conviction of assault with intent to do great bodily harm less than murder, 15 to 30 years’ imprisonment for assaulting, resisting, or obstructing a police…”
People v. Fetterley, 583 N.W.2d 199 (Mich. Ct. App. 1998). · cites it 7× “A separate jury found that defendant was a third-offense habitual offender, MCL 769.11; MSA 28.1083. He was sentenced to enhanced prison terms of twelve to twenty-eight years for possession with intent to deliver methamphetamine, five to sixteen years for possession with intent…”
People v. Bewersdorf, 475 N.W.2d 231 (Mich. 1991). · cites it 8× “[6] After the motion was denied, defendant appealed and for the first time challenged the applicability of the habitual offender act.”
People v. Peltola, 803 N.W.2d 140 (Mich. 2011). · cites it 4× “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.”
People v. Harper, 739 N.W.2d 523 (Mich. 2007). · cites it 4× “12(1)(a) and (b) (upon a fourth or subsequent felony conviction, a judge may impose a maximum sentence of up to 15 years for offenses carrying statutory maximum terms of less than 5 years and a sentence of life in prison for offenses carrying maximum terms of 5 years or more).”
People v. Cervantes, 532 N.W.2d 831 (Mich. 1995). · cites it 10× “1083: (1) If a person has been convicted of 2 or more felonies, attempts to commit felonies, or both, whether the convictions occurred in this state or would have been for felonies in this state if the convictions obtained outside this state had been obtained in this state, and…”
People v. Aldrich, 631 N.W.2d 67 (Mich. Ct. App. 2001). · cites it 2× “[2] MCL 769.11. [3] Kyall was twenty-one years old at the time of the incident in question.”
People v. Hornsby, 650 N.W.2d 700 (Mich. Ct. App. 2002). · cites it 3× “The trial court sentenced defendant as a third-offense habitual offender, MCL 769.11, to enhanced sentences of thirty to fifty years’ imprisonment for the armed robbery conviction and to a concurrent term of five to ten years’ imprisonment for the CCW conviction and sentenced…”
Show all 901 citing cases →
— Mich. Comp. Laws § 769.11(1) — 14 cases
People v. Gardner, 753 N.W.2d 78 (Mich. 2008). “On August 30, 2001, the circuit court sentenced defendant as a third offense habitual offender, MCL 769.11, to concurrent prison terms of 25 to 50 years for the murder conviction and 2 to 10 years for the felon in possession conviction and a consecutive term of 5 years for the…”
People v. Jones, 823 N.W.2d 312 (Mich. Ct. App. 2012). “Defendant was sentenced, as a third-offense habitual offender, MCL 769.11, to 10 to 20 years’ imprisonment for each conviction of assault with intent to do great bodily harm less than murder, 15 to 30 years’ imprisonment for assaulting, resisting, or obstructing a police…”
People of Michigan v. Andy Gonzalez (Mich. Ct. App. 2022).
People of Michigan v. Sharoc Richardson (Mich. Ct. App. 2016).
People of Michigan v. William Jeffery Whitmore (Mich. Ct. App. 2019).
— Mich. Comp. Laws § 769.11(1)(a) — 19 cases
People v. Gardner, 753 N.W.2d 78 (Mich. 2008). “On August 30, 2001, the circuit court sentenced defendant as a third offense habitual offender, MCL 769.11, to concurrent prison terms of 25 to 50 years for the murder conviction and 2 to 10 years for the felon in possession conviction and a consecutive term of 5 years for the…”
People v. Fetterley, 583 N.W.2d 199 (Mich. Ct. App. 1998). “A separate jury found that defendant was a third-offense habitual offender, MCL 769.11; MSA 28.1083. He was sentenced to enhanced prison terms of twelve to twenty-eight years for possession with intent to deliver methamphetamine, five to sixteen years for possession with intent…”
People v. Harper, 739 N.W.2d 523 (Mich. 2007). “12(1)(a) and (b) (upon a fourth or subsequent felony conviction, a judge may impose a maximum sentence of up to 15 years for offenses carrying statutory maximum terms of less than 5 years and a sentence of life in prison for offenses carrying maximum terms of 5 years or more).”
People v. Drohan, 715 N.W.2d 778 (Mich. 2006). “Following a jury trial, defendant was convicted of one count of third-degree criminal sexual conduct, MCL 750.”
People v. McFall, 569 N.W.2d 828 (Mich. Ct. App. 1997).
— Mich. Comp. Laws § 769.11(1)(b) — 5 cases
People v. Payne, 774 N.W.2d 714 (Mich. Ct. App. 2009). “06-011607-FC, defendant was sentenced as a third-offense habitual offender, MCL 769.11, to life imprisonment. 2 In Kent Circuit Court Case No.”
People v. Rodgers, 645 N.W.2d 294 (Mich. Ct. App. 2002).
People v. Harden, 454 N.W.2d 371 (Mich. 1990).
People v. Feliciano, 780 N.W.2d 254 (Mich. 2010).
People of Michigan v. Grady Hudson (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 769.11(1)(c) — 4 cases
People v. Allen, 884 N.W.2d 548 (Mich. 2016). “10 which applies to those sentenced for their second felony convictions; MCL 769.11, which applies to those sentenced for their third felony convictions; and MCL 769.”
People v. Bewersdorf, 475 N.W.2d 231 (Mich. 1991). “[6] After the motion was denied, defendant appealed and for the first time challenged the applicability of the habitual offender act.”
People v. Bewersdorf, 450 N.W.2d 271 (Mich. Ct. App. 1989).
Bullock v. Gidley (E.D. Mich. 2020).
— Mich. Comp. Laws § 769.11(2) — 5 cases
People v. Harper, 739 N.W.2d 523 (Mich. 2007). “12(1)(a) and (b) (upon a fourth or subsequent felony conviction, a judge may impose a maximum sentence of up to 15 years for offenses carrying statutory maximum terms of less than 5 years and a sentence of life in prison for offenses carrying maximum terms of 5 years or more).”
People v. Langham, 300 N.W.2d 572 (Mich. Ct. App. 1980).
People v. Coffee, 390 N.W.2d 721 (Mich. Ct. App. 1986).
People v. Freeney, 419 N.W.2d 754 (Mich. Ct. App. 1988).
People of Michigan v. Jesse Gene Burns (Mich. 2007).
— Mich. Comp. Laws § 769.11(3) — 1 case
People v. Allen, 884 N.W.2d 548 (Mich. 2016). “10 which applies to those sentenced for their second felony convictions; MCL 769.11, which applies to those sentenced for their third felony convictions; and MCL 769.”
— Mich. Comp. Laws § 769.11(b) — 2 cases
People v. Sturdivant, 296 N.W.2d 157 (Mich. Ct. App. 1980).
Presswood v. Morrison (E.D. Mich. 2025).
— Mich. Comp. Laws § 769.11(c)(a) — 1 case
People of Michigan v. Troy Lavaughn Jones Jr (Mich. Ct. App. 2024).
— Mich. Comp. Laws § 769.11(l)(a) — 4 cases
People v. Harper, 739 N.W.2d 523 (Mich. 2007). “12(1)(a) and (b) (upon a fourth or subsequent felony conviction, a judge may impose a maximum sentence of up to 15 years for offenses carrying statutory maximum terms of less than 5 years and a sentence of life in prison for offenses carrying maximum terms of 5 years or more).”
People v. Drohan, 715 N.W.2d 778 (Mich. 2006). “Following a jury trial, defendant was convicted of one count of third-degree criminal sexual conduct, MCL 750.”
People v. Coffee, 390 N.W.2d 721 (Mich. Ct. App. 1986).
People v. Staples, 299 N.W.2d 1 (Mich. Ct. App. 1980).
— Mich. Comp. Laws § 769.11(l)(b) — 4 cases
People v. Colon, 644 N.W.2d 790 (Mich. Ct. App. 2002).
People v. Phillips, 555 N.W.2d 742 (Mich. Ct. App. 1996).
People v. Harden, 454 N.W.2d 371 (Mich. 1990).
People v. Langham, 300 N.W.2d 572 (Mich. Ct. App. 1980).
— Mich. Comp. Laws § 769.11(l)(c) — 4 cases
People v. Bewersdorf, 475 N.W.2d 231 (Mich. 1991). “[6] After the motion was denied, defendant appealed and for the first time challenged the applicability of the habitual offender act.”
People v. Voss, 348 N.W.2d 37 (Mich. Ct. App. 1984).
People v. VanderMel, 401 N.W.2d 285 (Mich. Ct. App. 1986).
People v. Staples, 299 N.W.2d 1 (Mich. Ct. App. 1980).
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