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

Mich. Comp. Laws § 769.9 (2026)

Indeterminate sentence inapplicable where only punishment is life imprisonment; indeterminate sentence in cases where imprisonment for life discretionary; indeterminate sentence in cases involving major controlled substance offense.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


769.9 Indeterminate sentence inapplicable where only punishment is life imprisonment; indeterminate sentence in cases where imprisonment for life discretionary; indeterminate sentence in cases involving major controlled substance offense.

Sec. 9.

    (1) The provisions of this chapter relative to indeterminate sentences shall not apply to a person convicted for the commission of an offense for which the only punishment prescribed by law is imprisonment for life.

    (2) In all cases where the maximum sentence in the discretion of the court may be imprisonment for life or any number or term of years, the court may impose a sentence for life or may impose a sentence for any term of years. If the sentence imposed by the court is for any term of years, the court shall fix both the minimum and the maximum of that sentence in terms of years or fraction thereof, and sentences so imposed shall be considered indeterminate sentences. The court shall not impose a sentence in which the maximum penalty is life imprisonment with a minimum for a term of years included in the same sentence.

    (3) In cases involving a major controlled substance offense for which the court is directed by law to impose a sentence which cannot be less than a specified term of years nor more than a specified term of years, the court in imposing the sentence shall fix the length of both the minimum and maximum sentence within those specified limits, in terms of years or fraction thereof, and the sentence so imposed shall be considered an indeterminate sentence.

History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17337 ;-- CL 1948, 769.9 ;-- Am. 1957, Act 193, Eff. Sept. 27, 1957 ;-- Am. 1978, Act 77, Eff. Sept. 1, 1978

FormerLaw Notes:

    See section 3 of Act 184 of 1905, being CL 1915, § 15861; and Act 259 of 1921.

Notes of Decisions
Cited in 69 cases (9 in the last 5 years), 1955–2024 · leading case: People of Michigan v. Lonnie James Arnold, 918 N.W.2d 164 (Mich. 2018).
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People of Michigan v. Lonnie James Arnold, 918 N.W.2d 164 (Mich. 2018). · cites it 9× “In so stating, the court was apparently referring to MCL 769.9(2), which provides: In all cases where the maximum sentence in the discretion of the court may be imprisonment for life or any number or term of years, the court may impose a sentence for life or may impose a…”
People v. Harper, 739 N.W.2d 523 (Mich. 2007). · cites it 8× “For example, MCL 769.9(1) provides: "The provisions of this chapter relative to indeterminate sentences shall not apply to a person convicted for the commission of an offense for which the only punishment prescribed by law is imprisonment for life.”
People v. McCuller, 739 N.W.2d 563 (Mich. 2007). · cites it 6× “The majority also turns to MCL 769.9, which provides: (1) The provisions of this chapter relative to indeterminate sentences shall not apply to a person convicted for the commission of an offense for which the only punishment prescribed by law is imprisonment for life.”
People v. Snider, 608 N.W.2d 502 (Mich. Ct. App. 2000). · cites it 4× “” In MCL 769.9(1); MSA 28.1081(1), the Legislature determined that the provisions of the indeterminate sentencing statute shall not apply to mandatory life offenses.”
People v. Smith, 754 N.W.2d 284 (Mich. 2008). · cites it 2× “MCL 769.9(2). Here, the prosecutor requested a minimum term within the statutory guidelines recommendation.”
People v. Johnigan, 696 N.W.2d 724 (Mich. Ct. App. 2005). · cites it 2× “34 was not violated, and defendant's argument that his life sentence constitutes a departure lacks legal merit.”
People v. Leighty, 411 N.W.2d 778 (Mich. Ct. App. 1987). · cites it 6× “See, MCL 769.9; MSA 28.1081.] Defendant also distinguishes People v Stevens, supra, on its facts, arguing that the two-thirds rule is only applicable to those cases in which it works to the benefit of a defendant.”
People v. Lowe, 773 N.W.2d 1 (Mich. 2009). · cites it 2× “and the sentence so imposed shall be considered an indeterminate sentence." In addition, MCL 769.34(2)(a) provides that "[i]mposing a mandatory minimum sentence is not a departure [from the sentencing guidelines] under this section.”
People v. Lemons, 562 N.W.2d 447 (Mich. 1997). · cites it 2× “Lemons' daughter from a previous relationship, who was also five years old at the time of the first incident of abuse.”
People v. Hall, 242 N.W.2d 377 (Mich. 1976). · cites it 2× “548 as violative of constitutional due process and equal protection guarantees (US Const, Am XIV; Const 1963, art 1, §§ 1, 17); the constitutional guarantees against cruel or unusual punishment (US Const, Am VIII: "cruel and unusual"; Const 1963, art 1, § 16: "cruel or…”
People v. Kelly, 465 N.W.2d 569 (Mich. Ct. App. 1990). · cites it 2× “We decline to hold that the sexually delinquent indeterminate sentence of one day to life is invalid under the indeterminate sentence act, specifically MCL 769.9(2); MSA 28.1081(2), which provides: In all cases where the maximum sentence in the discretion of the court may be…”
People v. Moore, 439 N.W.2d 684 (Mich. 1989). · cites it 2× “[MCL 769.9(2); MSA 28.1081(2).] In People v Tanner, 387 Mich 683, 689-690 ; 199 NW2d 202 (1972), this Court found that a sentence is "not indeterminate" if there is not a significant interval between the minimum and the maximum sentence.”
Show all 69 citing cases →
— Mich. Comp. Laws § 769.9(1) — 4 cases
People v. Harper, 739 N.W.2d 523 (Mich. 2007). “For example, MCL 769.9(1) provides: "The provisions of this chapter relative to indeterminate sentences shall not apply to a person convicted for the commission of an offense for which the only punishment prescribed by law is imprisonment for life.”
People v. Snider, 608 N.W.2d 502 (Mich. Ct. App. 2000). “” In MCL 769.9(1); MSA 28.1081(1), the Legislature determined that the provisions of the indeterminate sentencing statute shall not apply to mandatory life offenses.”
People v. McCuller, 739 N.W.2d 563 (Mich. 2007). “The majority also turns to MCL 769.9, which provides: (1) The provisions of this chapter relative to indeterminate sentences shall not apply to a person convicted for the commission of an offense for which the only punishment prescribed by law is imprisonment for life.”
People of Michigan v. Jesse Gene Burns (Mich. 2007).
— Mich. Comp. Laws § 769.9(1)(a) — 1 case
Ministrelli Constr. Co., Inc. v. Sullivan Bros. Excavating, Inc., 279 N.W.2d 593 (Mich. Ct. App. 1979).
— Mich. Comp. Laws § 769.9(1)(b) — 1 case
Ministrelli Constr. Co., Inc. v. Sullivan Bros. Excavating, Inc., 279 N.W.2d 593 (Mich. Ct. App. 1979).
— Mich. Comp. Laws § 769.9(2) — 33 cases
People of Michigan v. Lonnie James Arnold, 918 N.W.2d 164 (Mich. 2018). “In so stating, the court was apparently referring to MCL 769.9(2), which provides: In all cases where the maximum sentence in the discretion of the court may be imprisonment for life or any number or term of years, the court may impose a sentence for life or may impose a…”
People v. Harper, 739 N.W.2d 523 (Mich. 2007). “For example, MCL 769.9(1) provides: "The provisions of this chapter relative to indeterminate sentences shall not apply to a person convicted for the commission of an offense for which the only punishment prescribed by law is imprisonment for life.”
People v. Smith, 754 N.W.2d 284 (Mich. 2008). “MCL 769.9(2). Here, the prosecutor requested a minimum term within the statutory guidelines recommendation.”
People v. Kelly, 465 N.W.2d 569 (Mich. Ct. App. 1990). “We decline to hold that the sexually delinquent indeterminate sentence of one day to life is invalid under the indeterminate sentence act, specifically MCL 769.9(2); MSA 28.1081(2), which provides: In all cases where the maximum sentence in the discretion of the court may be…”
People v. Moore, 439 N.W.2d 684 (Mich. 1989). “[MCL 769.9(2); MSA 28.1081(2).] In People v Tanner, 387 Mich 683, 689-690 ; 199 NW2d 202 (1972), this Court found that a sentence is "not indeterminate" if there is not a significant interval between the minimum and the maximum sentence.”
— Mich. Comp. Laws § 769.9(3) — 6 cases
People v. Lowe, 773 N.W.2d 1 (Mich. 2009). “and the sentence so imposed shall be considered an indeterminate sentence." In addition, MCL 769.34(2)(a) provides that "[i]mposing a mandatory minimum sentence is not a departure [from the sentencing guidelines] under this section.”
People v. Leighty, 411 N.W.2d 778 (Mich. Ct. App. 1987). “See, MCL 769.9; MSA 28.1081.] Defendant also distinguishes People v Stevens, supra, on its facts, arguing that the two-thirds rule is only applicable to those cases in which it works to the benefit of a defendant.”
People v. Wright, 437 N.W.2d 603 (Mich. 1989).
People v. Gregorczyk, 443 N.W.2d 816 (Mich. Ct. App. 1989).
People v. Perry, 505 N.W.2d 909 (Mich. Ct. App. 1993).
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