Mich. Comp. Laws » Michigan Compiled Laws / Chapter 777 / Act 175 of 1927
Michigan Compiled Laws

Mich. Comp. Laws § 777.39 (2026)

Offense variable 9; number of victims; scoring.

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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


777.39 Offense variable 9; number of victims; scoring.

Sec. 39.

    (1) Offense variable 9 is number of victims. Score offense variable 9 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:

    

    (a) Multiple deaths occurred

    100 points

    (b) There were 10 or more victims who were placed in danger of physical injury or death, or 20 or more victims who were placed in danger of property loss

    25 points

    (c) There were 2 to 9 victims who were placed in danger of physical injury or death, or 4 to 19 victims who were placed in danger of property loss

    10 points

    (d) There were fewer than 2 victims who were placed in danger of physical injury or death, or fewer than 4 victims who were placed in danger of property loss

    0 points

    (2) All of the following apply to scoring offense variable 9:

    (a) Count each person who was placed in danger of physical injury or loss of life or property as a victim.

    (b) Score 100 points only in homicide cases.

    

History: Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2006, Act 548, Eff. Mar. 30, 2007

Notes of Decisions
Cited in 295 cases (74 in the last 5 years), 2002–2026 · leading case: People v. Ambrose, 895 N.W.2d 198 (Mich. Ct. App. 2016).
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People v. Ambrose, 895 N.W.2d 198 (Mich. Ct. App. 2016). · cites it 21× “The legislative instructions for scoring OV 9 are found in MCL 777.39, which provides in relevant part: (1) Offense variable 9 is number of victims.”
People v. McGraw, 771 N.W.2d 655 (Mich. 2009). · cites it 12× “The majority holds that the sentencing court erred by scoring 10 points for offense variable (OV) 9 (number of victims), MCL 777.39, because the collision of defendant's getaway vehicle into a fence during a police chase occurred after the definitional elements of his offense,…”
People v. Morson, 685 N.W.2d 203 (Mich. 2004). · cites it 14× “MCL 777.39 provides: (1) Offense variable 9 is number of victims.”
People v. Biddles, 896 N.W.2d 461 (Mich. Ct. App. 2016). · cites it 6× “34, and OV 9, MCL 777.39. We shall refer to this argument as defendant’s “evidentiary challenge.”
People v. Melton, 722 N.W.2d 698 (Mich. Ct. App. 2006). · cites it 28× “The relevant issue in both cases was the interpretation and application of MCL 777.39, which governs a sentencing trial court's scoring of offense variable (OV) 9.”
People v. Lockridge, 870 N.W.2d 502 (Mich. 2015). · cites it 4× “6 MCL 777.39(1)(c). 7 MCL 777.40(1)(b). 3 With his prior record variable score of 35 points, the defendant’s resulting guidelines minimum sentence range was 43 to 86 months, 8 but the trial court exceeded the guidelines and imposed a minimum sentence of 8 years (96 months) and a…”
People v. Fawaz, 829 N.W.2d 259 (Mich. Ct. App. 2012). · cites it 6× “OV 9 is governed by MCL 777.39, and addresses the number of victims.”
People v. Bowling, 830 N.W.2d 800 (Mich. Ct. App. 2013). · cites it 4× “36, and 9, MCL 777.39. “The proper interpretation and application of the legislative sentencing guidelines are questions of law, which this Court reviews de novo.”
People v. Waclawski, 780 N.W.2d 321 (Mich. Ct. App. 2009). · cites it 3× “OV 9 Defendant argues that no points should have been scored for OV 9, MCL 777.39, because only one victim was placed in danger on the dates in question in this case.”
People v. Laidler, 817 N.W.2d 517 (Mich. 2012). · cites it 6× “” MCL 777.39(2)(a) (OV 9, number of victims) (emphasis added).”
People v. Harverson, 804 N.W.2d 757 (Mich. Ct. App. 2010). · cites it 3× “MCL 777.39 governs the scoring of OV 9 and provides in part that the trial court assess 10 points if “2 to 9 victims .”
People v. Hardy, 835 N.W.2d 340 (Mich. 2013). · cites it 2× “36; OV 9, MCL 777.39; OV 11, MCL 777.41; OV 13, MCL 777.”
Show all 295 citing cases →
Mich. Comp. Laws § 777.39(1): 60 cases
People v. Thompson, 887 N.W.2d 650 (Mich. Ct. App. 2016).
People of Michigan v. Leonard Renee Gregory, No. 337320 (Mich. Ct. App. May 15, 2018).
People of Michigan v. Leonard Renee Gregory, No. 337320 (Mich. Ct. App. May 15, 2018).
People of Michigan v. Fischer Tucker IV, No. 349643 (Mich. Ct. App. Mar. 18, 2021).
People of Michigan v. Jackie Lamont Thompson, No. 318128 (Mich. Ct. App. Mar. 29, 2016).
Mich. Comp. Laws § 777.39(1)(a): 3 cases
People v. Smith, 754 N.W.2d 284 (Mich. 2008).
People v. Melton, 722 N.W.2d 698 (Mich. Ct. App. 2006). “The relevant issue in both cases was the interpretation and application of MCL 777.39, which governs a sentencing trial court's scoring of offense variable (OV) 9.”
People of Michigan v. Jeffrey Alan Stoltz, No. 346713 (Mich. Ct. App. Mar. 12, 2020).
Mich. Comp. Laws § 777.39(1)(b): 26 cases
People of Michigan v. Joel Irwing Wilson, No. 332124 (Mich. Ct. App. July 25, 2017).
People of Michigan v. Joel Irwing Wilson, No. 332124 (Mich. Ct. App. July 25, 2017).
People of Michigan v. Robert Terrail Williams, No. 333904 (Mich. Ct. App. Nov. 21, 2017).
People of Michigan v. Robert Terrail Williams, No. 333904 (Mich. Ct. App. Nov. 21, 2017).
People of Michigan v. Stacy Marion Linklater, No. 337177 (Mich. Ct. App. Feb. 15, 2018).
Mich. Comp. Laws § 777.39(1)(c): 177 cases
People v. Lockridge, 870 N.W.2d 502 (Mich. 2015). “6 MCL 777.39(1)(c). 7 MCL 777.40(1)(b). 3 With his prior record variable score of 35 points, the defendant’s resulting guidelines minimum sentence range was 43 to 86 months, 8 but the trial court exceeded the guidelines and imposed a minimum sentence of 8 years (96 months) and a…”
People v. Ambrose, 895 N.W.2d 198 (Mich. Ct. App. 2016). “The legislative instructions for scoring OV 9 are found in MCL 777.39, which provides in relevant part: (1) Offense variable 9 is number of victims.”
People v. Bonilla-Machado, 803 N.W.2d 217 (Mich. 2011).
People v. Wilkens, 705 N.W.2d 728 (Mich. Ct. App. 2005).
People v. Biddles, 896 N.W.2d 461 (Mich. Ct. App. 2016). “34, and OV 9, MCL 777.39. We shall refer to this argument as defendant’s “evidentiary challenge.”
Mich. Comp. Laws § 777.39(1)(d): 27 cases
People v. Phelps, 791 N.W.2d 732 (Mich. Ct. App. 2010).
People v. Gullett, 744 N.W.2d 200 (Mich. Ct. App. 2008).
People v. Melton, 722 N.W.2d 698 (Mich. Ct. App. 2006). “The relevant issue in both cases was the interpretation and application of MCL 777.39, which governs a sentencing trial court's scoring of offense variable (OV) 9.”
People of Michigan v. Jeffrey Alan Stoltz, No. 346713 (Mich. Ct. App. Mar. 12, 2020).
People of Michigan v. Kaylee Rose Booth, No. 324630 (Mich. Ct. App. Mar. 22, 2016).
Mich. Comp. Laws § 777.39(2): 7 cases
People v. Morson, 685 N.W.2d 203 (Mich. 2004). “MCL 777.39 provides: (1) Offense variable 9 is number of victims.”
People v. Phelps, 791 N.W.2d 732 (Mich. Ct. App. 2010).
People of Michigan v. Soonejoo Kim Graham, No. 337780 (Mich. Ct. App. Apr. 17, 2018).
People of Michigan v. Soonejoo Kim Graham, No. 337780 (Mich. Ct. App. Apr. 17, 2018).
People of Michigan v. Daniel Scott Carlson, 958 N.W.2d 278 (Mich. Ct. App. 2020).
Mich. Comp. Laws § 777.39(2)(a): 116 cases
People v. McGraw, 771 N.W.2d 655 (Mich. 2009). “The majority holds that the sentencing court erred by scoring 10 points for offense variable (OV) 9 (number of victims), MCL 777.39, because the collision of defendant's getaway vehicle into a fence during a police chase occurred after the definitional elements of his offense,…”
People v. Ambrose, 895 N.W.2d 198 (Mich. Ct. App. 2016). “The legislative instructions for scoring OV 9 are found in MCL 777.39, which provides in relevant part: (1) Offense variable 9 is number of victims.”
People v. Morson, 685 N.W.2d 203 (Mich. 2004). “MCL 777.39 provides: (1) Offense variable 9 is number of victims.”
People v. Laidler, 817 N.W.2d 517 (Mich. 2012). “” MCL 777.39(2)(a) (OV 9, number of victims) (emphasis added).”
People v. Melton, 722 N.W.2d 698 (Mich. Ct. App. 2006). “The relevant issue in both cases was the interpretation and application of MCL 777.39, which governs a sentencing trial court's scoring of offense variable (OV) 9.”
Mich. Comp. Laws § 777.39(2)(b): 1 case
People v. Bergman, 879 N.W.2d 278 (Mich. Ct. App. 2015).
Mich. Comp. Laws § 777.39(a)(d): 1 case
People of Michigan v. Mario Cortize Jackson, No. 366078 (Mich. Ct. App. Aug. 29, 2024).
Mich. Comp. Laws § 777.39(c): 3 cases
People of Michigan v. Samuel Demetrious Ambrose, No. 327877 (Mich. Ct. App. Oct. 25, 2016).
People of Michigan v. Michael David Vance, No. 323408 (Mich. Ct. App. Jan. 26, 2016).
People of Michigan v. Darryl Keith Stewart, No. 323684 (Mich. Ct. App. Feb. 18, 2016).
Mich. Comp. Laws § 777.39(d): 2 cases
People of Michigan v. Joel Irwing Wilson, No. 332124 (Mich. Ct. App. July 25, 2017).
People of Michigan v. Joel Irwing Wilson, No. 332124 (Mich. Ct. App. July 25, 2017).
Mich. Comp. Laws § 777.39(l)(a): 2 cases
People v. Bergman, 879 N.W.2d 278 (Mich. Ct. App. 2015).
People v. Melton, 722 N.W.2d 698 (Mich. Ct. App. 2006). “The relevant issue in both cases was the interpretation and application of MCL 777.39, which governs a sentencing trial court's scoring of offense variable (OV) 9.”
Mich. Comp. Laws § 777.39(l)(b): 1 case
People v. Carrigan, 824 N.W.2d 283 (Mich. Ct. App. 2012).
Mich. Comp. Laws § 777.39(l)(c): 12 cases
People v. Ambrose, 895 N.W.2d 198 (Mich. Ct. App. 2016). “The legislative instructions for scoring OV 9 are found in MCL 777.39, which provides in relevant part: (1) Offense variable 9 is number of victims.”
People v. Biddles, 896 N.W.2d 461 (Mich. Ct. App. 2016). “34, and OV 9, MCL 777.39. We shall refer to this argument as defendant’s “evidentiary challenge.”
People v. Lockridge, 870 N.W.2d 502 (Mich. 2015). “6 MCL 777.39(1)(c). 7 MCL 777.40(1)(b). 3 With his prior record variable score of 35 points, the defendant’s resulting guidelines minimum sentence range was 43 to 86 months, 8 but the trial court exceeded the guidelines and imposed a minimum sentence of 8 years (96 months) and a…”
People v. McGraw, 771 N.W.2d 655 (Mich. 2009). “The majority holds that the sentencing court erred by scoring 10 points for offense variable (OV) 9 (number of victims), MCL 777.39, because the collision of defendant's getaway vehicle into a fence during a police chase occurred after the definitional elements of his offense,…”
People v. Morson, 685 N.W.2d 203 (Mich. 2004). “MCL 777.39 provides: (1) Offense variable 9 is number of victims.”
Mich. Comp. Laws § 777.39(l)(d): 2 cases
People v. Carrigan, 824 N.W.2d 283 (Mich. Ct. App. 2012).
People v. Melton, 722 N.W.2d 698 (Mich. Ct. App. 2006). “The relevant issue in both cases was the interpretation and application of MCL 777.39, which governs a sentencing trial court's scoring of offense variable (OV) 9.”
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