Mich. Comp. Laws § 777.51
Prior high severity felony convictions.
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THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
777.51 Prior high severity felony convictions.
Sec. 51.
(1) Prior record variable 1 is prior high severity felony convictions. Score prior record variable 1 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) The offender has 3 or more prior high severity felony convictions |
75 points |
|
(b) The offender has 2 prior high severity felony convictions |
50 points |
|
(c) The offender has 1 prior high severity felony conviction |
25 points |
|
(d) The offender has no prior high severity felony convictions |
0 points |
(2) As used in this section, "prior high severity felony conviction" means a conviction for any of the following, if the conviction was entered before the sentencing offense was committed:
(a) A crime listed in offense class M2, A, B, C, or D.
(b) A felony under a law of the United States or another state corresponding to a crime listed in offense class M2, A, B, C, or D.
(c) A felony that is not listed in offense class M2, A, B, C, D, E, F, G, or H and that is punishable by a maximum term of imprisonment of 10 years or more.
(d) A felony under a law of the United States or another state that does not correspond to a crime listed in offense class M2, A, B, C, D, E, F, G, or H and that is punishable by a maximum term of imprisonment of 10 years or more.
History: Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2006, Act 655, Imd. Eff. Jan. 9, 2007
Notes of Decisions
Cited in 87
cases (27 in the last 5 years), 2002–2026 · leading case: People v. Crews
People v. Crews (2013)
“2 At the hearing, defendant *386 argued that he had received ineffective assistance of counsel at his previous sentencing hearings and that there were several scoring errors in regard to the calculation of his minimum sentence range under the legislative sentencing guidelines,…”
People v. Lockridge (2015)
“The court assigned 25 points under MCL 777.51(1)(c) for Prior Record Variable 1 for having one prior high severity felony conviction, 5 points under MCL 777.”
People v. Armstrong (2014)
“Because the trial court’s error changes Armstrong’s sentencing range, he is entitled to resentencing. *249 249 We affirm Armstrong’s conviction, but vacate his sentence and remand for resentencing.”
People v. Harper (2007)
“[6] MCL 777.51; MCL 777.52; MCL 777.55. [7] MCL 777.”
People v. Williams (2012)
“MCL 777.51(2)(a). Defendant was adjudged responsible for a first-degree home invasion in 2005, but served a term as a youthful trainee under the Holmes Youthful Trainee Act as an alternative to conventional criminal conviction and sentence.”
People v. Young (2007)
“See MCL 777.51, MCL 777.52, MCL 777.53, MCL 777.”
People v. Petri (2008)
“A score of 50 points for PRV 1 reflected that defendant had two prior high-severity felony convictions, MCL 777.51(1)(b), and a score of 10 points for PRV 6 reflected that defendant was on probation, MCL 777.”
People v. Butler (2016)
“55, along with MCL 777.51 through MCL 777.54, consider the nature of the defendant’s prior crimes and whether they are worthy of being scored under the sentencing guidelines, and points are to be assessed based on the number and severity of those offenses.”
People v. Allen (2016)
“For example, when scoring Prior Record Variable (PRV) 1, MCL 777.51, a “high severity felony conviction” is defined in part as a conviction for a “crime listed in class M2, A, B, C, or D”; when scoring PRV 2, MCL 777.”
People of Michigan v. Alonzo Carter (2019)
“11 MCL 777.51. 12 MCL 777.34. 13 People v. Carter , unpublished per curiam opinion of the Court of Appeals, issued June 27, 2017 (Docket No.”
People v. Hornsby (2002)
“g guidelines form to the effect that it had found substantial and compelling reasons for the departure because of defendant’s extensive prior criminal record and conviction of multiple charges arising from the instant offense, the court failed to articulate how defendant’s prior…”
People v. Price (2006)
“51(2) defines a "`prior high severity felony conviction'" as "a conviction for a crime listed in offense class M2, A, B, C, or D or for a felony under a law of the United States or another state corresponding to a crime listed in offense class M2, A, B, C, or D, if the…”
— Mich. Comp. Laws § 777.51(1) — 12 cases
People v. Armstrong (2014)
“Because the trial court’s error changes Armstrong’s sentencing range, he is entitled to resentencing. *249 249 We affirm Armstrong’s conviction, but vacate his sentence and remand for resentencing.”
— Mich. Comp. Laws § 777.51(1)(a) — 11 cases
— Mich. Comp. Laws § 777.51(1)(b) — 16 cases
People v. Petri (2008)
“A score of 50 points for PRV 1 reflected that defendant had two prior high-severity felony convictions, MCL 777.51(1)(b), and a score of 10 points for PRV 6 reflected that defendant was on probation, MCL 777.”
People v. Harper (2007)
“[6] MCL 777.51; MCL 777.52; MCL 777.55. [7] MCL 777.”
— Mich. Comp. Laws § 777.51(1)(c) — 18 cases
People v. Lockridge (2015)
“The court assigned 25 points under MCL 777.51(1)(c) for Prior Record Variable 1 for having one prior high severity felony conviction, 5 points under MCL 777.”
— Mich. Comp. Laws § 777.51(1)(d) — 3 cases
People v. Young (2007)
— Mich. Comp. Laws § 777.51(2) — 13 cases
People v. Crews (2013)
“2 At the hearing, defendant *386 argued that he had received ineffective assistance of counsel at his previous sentencing hearings and that there were several scoring errors in regard to the calculation of his minimum sentence range under the legislative sentencing guidelines,…”
People v. Price (2006)
“51(2) defines a "`prior high severity felony conviction'" as "a conviction for a crime listed in offense class M2, A, B, C, or D or for a felony under a law of the United States or another state corresponding to a crime listed in offense class M2, A, B, C, or D, if the…”
People v. Butler (2016)
“55, along with MCL 777.51 through MCL 777.54, consider the nature of the defendant’s prior crimes and whether they are worthy of being scored under the sentencing guidelines, and points are to be assessed based on the number and severity of those offenses.”
— Mich. Comp. Laws § 777.51(2)(a) — 16 cases
People v. Williams (2012)
“MCL 777.51(2)(a). Defendant was adjudged responsible for a first-degree home invasion in 2005, but served a term as a youthful trainee under the Holmes Youthful Trainee Act as an alternative to conventional criminal conviction and sentence.”
— Mich. Comp. Laws § 777.51(2)(b) — 7 cases
People v. Crews (2013)
“2 At the hearing, defendant *386 argued that he had received ineffective assistance of counsel at his previous sentencing hearings and that there were several scoring errors in regard to the calculation of his minimum sentence range under the legislative sentencing guidelines,…”
— Mich. Comp. Laws § 777.51(2)(c) — 3 cases
— Mich. Comp. Laws § 777.51(2)(d) — 4 cases
People v. Crews (2013)
“2 At the hearing, defendant *386 argued that he had received ineffective assistance of counsel at his previous sentencing hearings and that there were several scoring errors in regard to the calculation of his minimum sentence range under the legislative sentencing guidelines,…”
— Mich. Comp. Laws § 777.51(c) — 1 case
— Mich. Comp. Laws § 777.51(l)(b) — 1 case
People v. Harper (2007)
“[6] MCL 777.51; MCL 777.52; MCL 777.55. [7] MCL 777.”
— Mich. Comp. Laws § 777.51(l)(c) — 2 cases
People v. Lockridge (2015)
“The court assigned 25 points under MCL 777.51(1)(c) for Prior Record Variable 1 for having one prior high severity felony conviction, 5 points under MCL 777.”
People v. Williams (2012)
“MCL 777.51(2)(a). Defendant was adjudged responsible for a first-degree home invasion in 2005, but served a term as a youthful trainee under the Holmes Youthful Trainee Act as an alternative to conventional criminal conviction and sentence.”
— Mich. Comp. Laws § 777.51(l)(d) — 1 case
People v. Young (2007)
“See MCL 777.51, MCL 777.52, MCL 777.53, MCL 777.”
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