THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
769.8 Definite term prohibited for conviction for first time for felony; fixing minimum term; stating maximum term; examination of convict; entering facts in minutes of court.
Sec. 8.
(1) When a person is convicted for the first time for committing a felony and the punishment prescribed by law for that offense may be imprisonment in a state prison, the court imposing sentence shall not fix a definite term of imprisonment, but shall fix a minimum term, except as otherwise provided in this chapter. The maximum penalty provided by law shall be the maximum sentence in all cases except as provided in this chapter and shall be stated by the judge in imposing the sentence.
(2) Before or at the time of imposing sentence, the judge shall ascertain by examining the defendant under oath, or otherwise, and by other evidence as can be obtained tending to indicate briefly the causes of the defendant's criminal character or conduct, which facts and other facts that appear to be pertinent in the case the judge shall cause to be entered upon the minutes of the court.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17336 ;-- CL 1948, 769.8 ;-- Am. 1978, Act 77, Eff. Sept. 1, 1978 ;-- Am. 1994, Act 322, Eff. (pending) ;-- Am. 1998, Act 317, Eff. Dec. 15, 1998
FormerLaw Notes:
See section 1 of Act 184 of 1905, being CL 1915, § 15859; and Act 259 of 1921.
Notes of Decisions
People v. McCuller (2007)
mich · cites it 30×
“2d 523 : Under Michigan law, the maximum portion of a defendant's indeterminate sentence is prescribed by MCL 769.8, which requires a sentencing judge to impose no less than the prescribed statutory maximum sentence as the maximum sentence for every felony conviction.”
People v. Harper (2007)
mich · cites it 18×
“MCL 769.8 describes a judge's general sentencing powers and duties: (1) When a person is convicted for the first time for committing a felony and the punishment prescribed by law for that offense may be imprisonment in a state prison, the court imposing sentence shall not fix a…”
People v. Drohan (2006)
mich · cites it 6×
“MCL 769.8. The minimum is based on guidelines ranges as discussed in the present case and in [ People v.”
People v. Lockridge (2015)
mich · cites it 2×
“MCL 769.8. The minimum is based on guidelines ranges as discussed in the present case and in [People v] Babcock [ 469 Mich 247 ; 666 NW2d 231 (2003)].”
People v. Lowe (2009)
mich · cites it 4×
“in all cases except as provided in this chapter [of the Code of Criminal Procedure].”
People v. Clark (2016)
michctapp · cites it 2×
“” People v Harper, 479 Mich 599, 612-613, n 21 ; 739 NW2d 523 (2007), quoting MCL 769.8(1). Once a Michigan judge imposes a valid indeterminate sentence of imprisonment with the Department of Corrections (DOC), the sentencing court has no authority to modify the sentence.”
People v. Gardner (2008)
mich · cites it 2×
“MCL 769.8; MCL 769.34; People v. Harper, 479 Mich.”
Brinson v. Genesee Circuit Judge (1978)
mich · cites it 6×
“In his appeal to this Court, Brinson raises four issues: 1) that his sentence violates the indeterminate sentencing provision, MCL 769.8; MSA 28.1080; 2) that the consecutive sentencing statute, MCL 768.”
People v. Lockridge (2014)
michctapp · cites it 4×
“McCuller, 479 Mich at 683 ; see also MCL 769.8; MCL 769.34(2). The sentencing court determines the range by considering together “the defendant’s record of prior convictions (the [prior record variable] score), the facts surrounding his crime (the [offense variable] score), and…”
People v. Coles (1983)
mich · cites it 2×
“” 20 MCL 769.8; MSA 28.1080. 21 People v Fox, 312 Mich 577, 581-582 ; 20 NW2d 732 (1945).”
People v. Wright (1989)
mich · cites it 6×
“MCL 769.8; MSA 28.1080. The Legislature had thus created two types of sentences, a flat determinate sentence for habitual offenders and an indeterminate sentence for first-time offenders.”
People v. Redwine (1976)
michctapp · cites it 6×
“Defendant cites People v Tanner, 387 Mich 683 ; 199 NW2d 202 (1972), and claims that the sentence imposed violated the indeterminate sentencing act, MCLA 769.8; MSA 28.1080. The people disagree, arguing that the indeterminate sentencing act does not apply to habitual or multiple…”
— Mich. Comp. Laws § 769.8(1) — 21 cases
People v. McCuller (2007)
mich
“2d 523 : Under Michigan law, the maximum portion of a defendant's indeterminate sentence is prescribed by MCL 769.8, which requires a sentencing judge to impose no less than the prescribed statutory maximum sentence as the maximum sentence for every felony conviction.”
People v. Harper (2007)
mich
“MCL 769.8 describes a judge's general sentencing powers and duties: (1) When a person is convicted for the first time for committing a felony and the punishment prescribed by law for that offense may be imprisonment in a state prison, the court imposing sentence shall not fix a…”
People v. Drohan (2006)
mich
“MCL 769.8. The minimum is based on guidelines ranges as discussed in the present case and in [ People v.”
People v. Lowe (2009)
mich
“in all cases except as provided in this chapter [of the Code of Criminal Procedure].”
People v. Clark (2016)
michctapp
“” People v Harper, 479 Mich 599, 612-613, n 21 ; 739 NW2d 523 (2007), quoting MCL 769.8(1). Once a Michigan judge imposes a valid indeterminate sentence of imprisonment with the Department of Corrections (DOC), the sentencing court has no authority to modify the sentence.”
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