THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
777.53 Prior high severity juvenile adjudications.
Sec. 53.
(1) Prior record variable 3 is prior high severity juvenile adjudications. Score prior record variable 3 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 juvenile adjudications
|
50
points
|
|
(b)
The offender has 2 prior high severity juvenile adjudications
|
25
points
|
|
(c)
The offender has 1 prior high severity juvenile adjudication
|
10
points
|
|
(d)
The offender has no prior high severity juvenile adjudications
|
0
points
|
(2) As used in this section, "prior high severity juvenile adjudication" means a juvenile adjudication for conduct that would be any of the following if committed by an adult, if the order of disposition 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
18
cases (
4 in the last 5 years), 2007–2025 · leading case:
People v. Armstrong, 851 N.W.2d 856 (Mich. Ct. App. 2014).
People v. Armstrong, 851 N.W.2d 856 (Mich. Ct. App. 2014).
· cites it 3× “*249 249 We affirm Armstrong’s conviction, but vacate his sentence and remand for resentencing.”
People v. Young, 740 N.W.2d 347 (Mich. Ct. App. 2007).
· cites it 2× “52, MCL 777.53, MCL 777.54, and MCL 777.55. In addition, under MCL 777.”
People v. Crews, 829 N.W.2d 898 (Mich. Ct. App. 2013).
“52, MCL 777.53, and MCL 777.54, which mirror MCL 777.”
People v. Young, 740 N.W.2d 347 (Mich. Ct. App. 2007).
· cites it 2× “52, MCL 777.53, MCL 777.54, and MCL 777.55. In addition, under MCL 777.”
People v. Butler, 892 N.W.2d 6 (Mich. Ct. App. 2016).
“MCL 777.53. MCL 777.54. MCL 777.51(2). See People v Reyna, 184 Mich App 626, 631 ; 459 NW2d 75 (1990).”
People v. Luckett, 777 N.W.2d 163 (Mich. 2010).
· cites it 2× “[5] MCL 777.53 (PRV 3 is scored for prior high severity juvenile adjudications); MCL 777.”
People of Michigan v. Cornell Eugene Brown Jr (Mich. Ct. App. 2024).
· cites it 4× “MCL 777.53. A “ ‘ prior high severity juvenile adjudication’ ” is, in relevant part, a juvenile adjudication entered before the sentencing offense was committed that would be, if committed by an adult, “[a] crime listed in offense class M2, A, B, C, or D.”
People of Michigan v. Isaiah Buckner (Mich. Ct. App. 2021).
· cites it 2× “MCL 777.53(1). The sentencing court should assess 25 points when an “offender has 2 prior high severity juvenile adjudications.”
People of Michigan v. Kenneth Taylor Jr (Mich. Ct. App. 2015).
· cites it 2× “] PRV 3, MCL 777.53, concerns prior high-severity juvenile adjudications, and the maximum score is 50 points, which was scored here, as to cases in which the offender has three or more prior high-severity juvenile adjudications.”
People of Michigan v. Kelvin Michael Dequan Coats (Mich. Ct. App. 2016).
“See MCL 777.53(2)(a) and 777.12e. Defendant’s sentencing information report (SIR) reflects that zero points were scored for PRV 3, thereby indicating the trial court considered defendant’s fleeing or eluding offense a third- or fourth-degree offense rather than a first- or…”
People of Michigan v. Rodney Charles Butler (Mich. Ct. App. 2016).
“” While that argument might be persuasive if we were comparing current legislative language to previous legislative language and, therefore, the change in language might signal a change in intent, we see no reason to do so 11 MCL 777.”
— Mich. Comp. Laws § 777.53(1) — 4 cases
People v. Armstrong, 851 N.W.2d 856 (Mich. Ct. App. 2014).
“*249 249 We affirm Armstrong’s conviction, but vacate his sentence and remand for resentencing.”
People of Michigan v. Isaiah Buckner (Mich. Ct. App. 2021).
“MCL 777.53(1). The sentencing court should assess 25 points when an “offender has 2 prior high severity juvenile adjudications.”
— Mich. Comp. Laws § 777.53(1)(b) — 3 cases
People of Michigan v. Isaiah Buckner (Mich. Ct. App. 2021).
“MCL 777.53(1). The sentencing court should assess 25 points when an “offender has 2 prior high severity juvenile adjudications.”
People of Michigan v. Cornell Eugene Brown Jr (Mich. Ct. App. 2024).
“MCL 777.53. A “ ‘ prior high severity juvenile adjudication’ ” is, in relevant part, a juvenile adjudication entered before the sentencing offense was committed that would be, if committed by an adult, “[a] crime listed in offense class M2, A, B, C, or D.”
— Mich. Comp. Laws § 777.53(1)(c) — 1 case
— Mich. Comp. Laws § 777.53(1)(d) — 1 case
People v. Young, 740 N.W.2d 347 (Mich. Ct. App. 2007).
“52, MCL 777.53, MCL 777.54, and MCL 777.55. In addition, under MCL 777.”
— Mich. Comp. Laws § 777.53(2)(a) — 4 cases
People of Michigan v. Cornell Eugene Brown Jr (Mich. Ct. App. 2024).
“MCL 777.53. A “ ‘ prior high severity juvenile adjudication’ ” is, in relevant part, a juvenile adjudication entered before the sentencing offense was committed that would be, if committed by an adult, “[a] crime listed in offense class M2, A, B, C, or D.”
People of Michigan v. Kelvin Michael Dequan Coats (Mich. Ct. App. 2016).
“See MCL 777.53(2)(a) and 777.12e. Defendant’s sentencing information report (SIR) reflects that zero points were scored for PRV 3, thereby indicating the trial court considered defendant’s fleeing or eluding offense a third- or fourth-degree offense rather than a first- or…”
People of Michigan v. Kenneth Taylor Jr (Mich. Ct. App. 2015).
“] PRV 3, MCL 777.53, concerns prior high-severity juvenile adjudications, and the maximum score is 50 points, which was scored here, as to cases in which the offender has three or more prior high-severity juvenile adjudications.”
— Mich. Comp. Laws § 777.53(l)(d) — 1 case
People v. Young, 740 N.W.2d 347 (Mich. Ct. App. 2007).
“52, MCL 777.53, MCL 777.54, and MCL 777.55. In addition, under MCL 777.”
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