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

Mich. Comp. Laws § 777.50 (2026)

Conviction or juvenile adjudication 10 or more years from discharge and commission of next offense.

✓ current as of July 2026
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THE CODE OF CRIMINAL PROCEDURE


Act 175 of 1927


777.50 Conviction or juvenile adjudication 10 or more years from discharge and commission of next offense.

Sec. 50.

    (1)  In scoring prior record variables 1 to 5, do not use any conviction or juvenile adjudication that precedes a period of 10 or more years between the discharge date from a conviction or juvenile adjudication and the defendant's commission of the next offense resulting in a conviction or juvenile adjudication.

    (2) Apply subsection (1) by determining the time between the discharge date for the prior conviction or juvenile adjudication most recently preceding the commission date of the sentencing offense. If it is 10 or more years, do not use that prior conviction or juvenile adjudication and any earlier conviction or juvenile adjudication in scoring prior record variables. If it is less than 10 years, use that prior conviction or juvenile adjudication in scoring prior record variables and determine the time between the commission date of that prior conviction and the discharge date of the next earlier prior conviction or juvenile adjudication. If that period is 10 or more years, do not use that prior conviction or juvenile adjudication and any earlier conviction or juvenile adjudication in scoring prior record variables. If it is less than 10 years, use that prior conviction or juvenile adjudication in scoring prior record variables and repeat this determination for each remaining prior conviction or juvenile adjudication until a period of 10 or more years is found or no prior convictions or juvenile adjudications remain.

    (3) If a discharge date is not available, add either the time defendant was sentenced to probation or the length of the minimum incarceration term to the date of the conviction and use that date as the discharge date.

    (4) As used in this part:

    (a) "Conviction" includes any of the following:

    (i) Assignment to youthful trainee status under sections 11 to 15 of chapter II.

    (ii)  A conviction set aside under 1965 PA 213, MCL 780.621 to 780.624.

    (b) "Discharge date" means the date an individual is discharged from the jurisdiction of the court or the department of corrections after being convicted of or adjudicated responsible for a crime or an act that would be a crime if committed by an adult.

    (c) "Juvenile adjudication" includes an adjudication set aside under section 18e of chapter XIIA of 1939 PA 288, MCL 712A.18e, or expunged.

History: Add. 1998, Act 317, Eff. Dec. 15, 1998

Notes of Decisions
Cited in 63 cases (20 in the last 5 years), 2000–2026 · leading case: People v. Butler, 892 N.W.2d 6 (Mich. Ct. App. 2016).
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People v. Butler, 892 N.W.2d 6 (Mich. Ct. App. 2016). · cites it 33× “II The statutes at issue in this case (MCL 777.50 and MCL 777.55) are both located in part 5 of the legislative sentencing guidelines, MCL 777.”
People v. Peltola, 803 N.W.2d 140 (Mich. 2011). · cites it 4× “22], determine the offense variables to be scored for that offense category and score only those offense variables for the offender as provided in part 4 of this chapter [MCL 777.31 through MCL 777.”
People v. Williams, 825 N.W.2d 671 (Mich. Ct. App. 2012). · cites it 4× “However, Garner was decided two years before the Legislature enacted MCL 777.50, subsection (4)(i) of *126 which defines “conviction” to include assignment to youthful trainee status for purposes of scoring PRV 1.”
People v. Armstrong, 851 N.W.2d 856 (Mich. Ct. App. 2014). “MCL 777.50(4)(c). See MCL 712A.18e(5) (“any record of adjudication or conviction .”
United States v. Leonel Miller Hinojosa, Jr., 67 F.4th 334 (6th Cir. 2023). · cites it 2× “Mich. Comp. Laws § 777.50 (2); see People v.”
People v. Sadows, 768 N.W.2d 93 (Mich. Ct. App. 2009). “4 We reject any argument by defendants that, because a sentencing court is not to consider prior convictions for which there is a 10-year period between the discharge date of the prior conviction and the sentencing offense in scoring prior record variables 1 through 5, MCL…”
People v. Billings, 770 N.W.2d 893 (Mich. Ct. App. 2009). “MCL 777.50 provides in relevant part: (1) In scoring prior record variables 1 to 5, do not use any conviction or juvenile adjudication that precedes a period of 10 or more years between the discharge date from a conviction or juvenile adjudication and the defendant’s commission…”
People v. Reynolds, 611 N.W.2d 316 (Mich. Ct. App. 2000). “MCL 777.50 et seq.-, MSA 28.1274(60) et seq.”
Adams v. United States, 622 F.3d 608 (6th Cir. 2010). “Mich. Comp. Laws § 777.50 (4)(a). If Michigan authorizes the use of YTA adjudications to calculate a defendant’s prior record, it makes sense to consider those adjudications as predicate felonies under 21 U.”
People v. Luckett, 777 N.W.2d 163 (Mich. 2010). “[6] See MCL 777.50 (directing the court to score the prior record variables based on convictions and juvenile adjudications).”
United States v. Bruns, 641 F.3d 555 (D.C. Cir. 2011). “Mich. Comp. Laws § 777.50 (1). The statute does not say, however, that an assignment to youthful trainee status is any less a ''conviction” if it was beyond the ten-year period.”
People of Michigan v. Rodney Charles Butler (Mich. Ct. App. 2016). · cites it 11× “He was sentenced within the guidelines recommendation, as scored by the trial court, to 3 to 15 years in prison.”
Show all 63 citing cases →
— Mich. Comp. Laws § 777.50(1) — 21 cases
People v. Butler, 892 N.W.2d 6 (Mich. Ct. App. 2016). “II The statutes at issue in this case (MCL 777.50 and MCL 777.55) are both located in part 5 of the legislative sentencing guidelines, MCL 777.”
People v. Sadows, 768 N.W.2d 93 (Mich. Ct. App. 2009). “4 We reject any argument by defendants that, because a sentencing court is not to consider prior convictions for which there is a 10-year period between the discharge date of the prior conviction and the sentencing offense in scoring prior record variables 1 through 5, MCL…”
People of Michigan v. Jermaine Lee Pearson (Mich. Ct. App. 2015).
People of Michigan v. Jesse Kane Martin (Mich. Ct. App. 2018).
People of Michigan v. Jesse Kane Martin (Mich. Ct. App. 2018).
— Mich. Comp. Laws § 777.50(2) — 7 cases
People v. Butler, 892 N.W.2d 6 (Mich. Ct. App. 2016). “II The statutes at issue in this case (MCL 777.50 and MCL 777.55) are both located in part 5 of the legislative sentencing guidelines, MCL 777.”
People of Michigan v. Ronald Johnson (Mich. Ct. App. 2014).
People of Michigan v. Edward Mark Kowalski (Mich. Ct. App. 2017).
People of Michigan v. Edward Mark Kowalski (Mich. Ct. App. 2017).
People of Michigan v. Kellie Nichole Stock (Mich. Ct. App. 2023).
— Mich. Comp. Laws § 777.50(3) — 5 cases
People of Michigan v. Kellie Nichole Stock (Mich. Ct. App. 2023).
People of Michigan v. Ronald Johnson (Mich. Ct. App. 2014).
People of Michigan v. Jermaine Lee Pearson (Mich. Ct. App. 2015).
People of Michigan v. Gary Arland Mitchell (Mich. Ct. App. 2019).
People of Michigan v. Samuel Sammy Cuellar (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 777.50(4) — 4 cases
People v. Williams, 825 N.W.2d 671 (Mich. Ct. App. 2012). “However, Garner was decided two years before the Legislature enacted MCL 777.50, subsection (4)(i) of *126 which defines “conviction” to include assignment to youthful trainee status for purposes of scoring PRV 1.”
People v. Butler, 892 N.W.2d 6 (Mich. Ct. App. 2016). “II The statutes at issue in this case (MCL 777.50 and MCL 777.55) are both located in part 5 of the legislative sentencing guidelines, MCL 777.”
People of Michigan v. Stacy Wayne Rose Jr (Mich. Ct. App. 2019).
People of Michigan v. Cory James Watson (Mich. Ct. App. 2020).
— Mich. Comp. Laws § 777.50(4)(a) — 5 cases
People v. Butler, 892 N.W.2d 6 (Mich. Ct. App. 2016). “II The statutes at issue in this case (MCL 777.50 and MCL 777.55) are both located in part 5 of the legislative sentencing guidelines, MCL 777.”
People of Michigan v. Edward Mark Kowalski (Mich. Ct. App. 2017).
People of Michigan v. Edward Mark Kowalski (Mich. Ct. App. 2017).
People of Michigan v. Michael Allen Taylor (Mich. Ct. App. 2019).
People of Michigan v. Deon Jefferson Johnson (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 777.50(4)(a)(i) — 6 cases
People v. Williams, 825 N.W.2d 671 (Mich. Ct. App. 2012). “However, Garner was decided two years before the Legislature enacted MCL 777.50, subsection (4)(i) of *126 which defines “conviction” to include assignment to youthful trainee status for purposes of scoring PRV 1.”
People of Michigan v. Roy Woodrow Delarye Jr (Mich. Ct. App. 2016).
People of Michigan v. Darryl Keith Stewart (Mich. Ct. App. 2019).
People of Michigan v. Michael Allen Taylor (Mich. Ct. App. 2019).
People of Michigan v. Justin Milton Bell (Mich. Ct. App. 2019).
— Mich. Comp. Laws § 777.50(4)(b) — 3 cases
People of Michigan v. Kellie Nichole Stock (Mich. Ct. App. 2023).
People of Michigan v. Samuel Sammy Cuellar (Mich. Ct. App. 2015).
People of Michigan v. Kevin Scott Varner (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 777.50(4)(c) — 1 case
People v. Armstrong, 851 N.W.2d 856 (Mich. Ct. App. 2014). “MCL 777.50(4)(c). See MCL 712A.18e(5) (“any record of adjudication or conviction .”
— Mich. Comp. Laws § 777.50(a) — 1 case
People of Michigan v. Kevin Scott Varner (Mich. Ct. App. 2016).
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