Michigan Compiled Laws

Mich. Comp. Laws § 777.55 (2026)

Prior misdemeanor convictions or prior misdemeanor juvenile adjudications.

✓ current as of July 2026

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THE CODE OF CRIMINAL PROCEDURE

Act 175 of 1927

777.55 Prior misdemeanor convictions or prior misdemeanor juvenile adjudications.

Sec. 55.

(1) Prior record variable 5 is prior misdemeanor convictions or prior misdemeanor juvenile adjudications. Score prior record variable 5 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 7 or more prior misdemeanor convictions or prior misdemeanor juvenile adjudications	20 points
(b) The offender has 5 or 6 prior misdemeanor convictions or prior misdemeanor juvenile adjudications	15 points
(c) The offender has 3 or 4 prior misdemeanor convictions or prior misdemeanor juvenile adjudications	10 points
(d) The offender has 2 prior misdemeanor convictions or prior misdemeanor juvenile adjudications	5 points
(e) The offender has 1 prior misdemeanor conviction or prior misdemeanor juvenile adjudication	2 points
(f) The offender has no prior misdemeanor convictions or prior misdemeanor juvenile adjudications	0 points

(2) All of the following apply to scoring record variable 5:

(a) Except as provided in subdivision (b), count a prior misdemeanor conviction or prior misdemeanor juvenile adjudication only if it is an offense against a person or property, a controlled substance offense, or a weapon offense. Do not count a prior conviction used to enhance the sentencing offense to a felony.

(b) Count all prior misdemeanor convictions and prior misdemeanor juvenile adjudications for operating or attempting to operate a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive while under the influence of or impaired by alcohol, a controlled substance, or a combination of alcohol and a controlled substance. Do not count a prior conviction used to enhance the sentencing offense to a felony.

(3) As used in this section:

(a) "Prior misdemeanor conviction" means a conviction for a misdemeanor under a law of this state, a political subdivision of this state, another state, a political subdivision of another state, or the United States if the conviction was entered before the sentencing offense was committed.

(b) "Prior misdemeanor juvenile adjudication" means a juvenile adjudication for conduct that if committed by an adult would be a misdemeanor under a law of this state, a political subdivision of this state, another state, a political subdivision of another state, or the United States if the order of disposition was entered before the sentencing offense was committed.

History: Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 2000, Act 279, Eff. Oct. 1, 2000

Notes of Decisions

Cited in 119 cases (41 in the last 5 years), 2005–2026 · 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 22× “50 and MCL 777.55) are both located in part 5 of the legislative sentencing guidelines, MCL 777.”

People v. Stevens, 858 N.W.2d 98 (Mich. Ct. App. 2014). · cites it 8× “Relevant to defendant’s claim, under MCL 777.55(1)(a), PRV 5 should be scored at 20 points when the offender has seven or more prior misdemeanor convictions.”

People v. Gibbs, 299 Mich. App. 473 (Mich. Ct. App. 2013). · cites it 5× “The sentencing court must assess zero points if “[t]he offender has no prior misdemeanor convictions or prior misdemeanor juvenile adjudications[.”

People v. Lockridge, 870 N.W.2d 502 (Mich. 2015). · cites it 2× “51(1)(c) for Prior Record Variable 1 for having one prior high severity felony conviction, 5 points under MCL 777.55(1)(d) for Prior Record Variable 5 for having two prior misdemeanor convictions or prior misdemeanor juvenile adjudications, and 5 points under MCL 777.”

People v. Crews, 829 N.W.2d 898 (Mich. Ct. App. 2013). · cites it 7× “52, and PRV 5, MCL 777.55. Specifically, defendant argued that PRV 1 was improperly scored because his convictions for burglaries in Ohio did not correspond to any Michigan felonies and, accordingly, could not be used as prior high-severity offenses under PRV 1.”

People v. Harper, 739 N.W.2d 523 (Mich. 2007). · cites it 4× “52; MCL 777.55. [7] MCL 777.46(1)(c). [8] MCL 777.”

People v. Endres, 711 N.W.2d 398 (Mich. Ct. App. 2006). · cites it 7× “]” A conviction or adjudication is counted “only if it is an offense against a person or property, a controlled substance offense, or a weapon offense,” MCL 777.”

People v. Maben, 884 N.W.2d 314 (Mich. Ct. App. 2015). · cites it 3× “” MCL 777.55(2)(a). Maben argues that the trial court erred when it determined that his convictions for malicious use of a telecommunications device constituted offenses against a person as required by MCL 777.”

People v. Young, 740 N.W.2d 347 (Mich. Ct. App. 2007). “54, and MCL 777.55. In addition, under MCL 777.56, the trial court is to score points based on the defendant’s current relationship to the criminal justice system, including whether the defendant was out on bail while awaiting adjudication or sentencing for a different offense…”

People v. James, 705 N.W.2d 724 (Mich. Ct. App. 2005). · cites it 2× “7411(1), which provides that “[w]hen an individual who has not previously been convicted of [a controlled substance offense] pleads guilty to .”

Yndalecio Gaona v. Mike Brown, 68 F.4th 1043 (6th Cir. 2023). · cites it 2× “See Mich. Comp. Laws § 777.55 (c). Under PRV 5, a defendant receives ten points when he has three prior misdemeanors.”

People v. Luckett, 777 N.W.2d 163 (Mich. 2010). · cites it 2× “54 (PRV 4 is scored for prior low severity juvenile adjudications); MCL 777.55 (PRV 5 is scored for prior misdemeanor juvenile adjudications).”

Show all 119 citing cases →

— Mich. Comp. Laws § 777.55(1) — 23 cases

People v. Gibbs, 299 Mich. App. 473 (Mich. Ct. App. 2013). “The sentencing court must assess zero points if “[t]he offender has no prior misdemeanor convictions or prior misdemeanor juvenile adjudications[.”

People v. Butler, 892 N.W.2d 6 (Mich. Ct. App. 2016). “50 and MCL 777.55) are both located in part 5 of the legislative sentencing guidelines, MCL 777.”

People of Michigan v. Terrance Dominique Lundy (Mich. Ct. App. 2016).

People of Michigan v. Bobby Maurice Cochran (Mich. Ct. App. 2016).

People of Michigan v. Rodney Charles Butler (Mich. Ct. App. 2016).

— Mich. Comp. Laws § 777.55(1)(a) — 20 cases

People v. Stevens, 858 N.W.2d 98 (Mich. Ct. App. 2014). “Relevant to defendant’s claim, under MCL 777.55(1)(a), PRV 5 should be scored at 20 points when the offender has seven or more prior misdemeanor convictions.”

People v. Endres, 711 N.W.2d 398 (Mich. Ct. App. 2006). “]” A conviction or adjudication is counted “only if it is an offense against a person or property, a controlled substance offense, or a weapon offense,” MCL 777.”

People of Michigan v. Andrew Eric Lindahl (Mich. Ct. App. 2018).

People of Michigan v. James Victor Hackler (Mich. Ct. App. 2018).

— Mich. Comp. Laws § 777.55(1)(b) — 12 cases

People of Michigan v. Malcolm Dwayne Haynes (Mich. Ct. App. 2024).

People of Michigan v. Bobby Maurice Cochran (Mich. Ct. App. 2016).

People of Michigan v. Roy Woodrow Delarye Jr (Mich. Ct. App. 2016).

People of Michigan v. Douglas Kim Eller (Mich. Ct. App. 2022).

— Mich. Comp. Laws § 777.55(1)(c) — 18 cases

People v. Crews, 829 N.W.2d 898 (Mich. Ct. App. 2013). “52, and PRV 5, MCL 777.55. Specifically, defendant argued that PRV 1 was improperly scored because his convictions for burglaries in Ohio did not correspond to any Michigan felonies and, accordingly, could not be used as prior high-severity offenses under PRV 1.”

People of Michigan v. Roy Woodrow Delarye Jr (Mich. Ct. App. 2016).

People of Michigan v. Manitoubani Wandahsega (Mich. Ct. App. 2025).

People of Michigan v. Jermaine Lee Pearson (Mich. Ct. App. 2015).

— Mich. Comp. Laws § 777.55(1)(d) — 18 cases

People v. Lockridge, 870 N.W.2d 502 (Mich. 2015). “51(1)(c) for Prior Record Variable 1 for having one prior high severity felony conviction, 5 points under MCL 777.55(1)(d) for Prior Record Variable 5 for having two prior misdemeanor convictions or prior misdemeanor juvenile adjudications, and 5 points under MCL 777.”

People of Michigan v. Cortez Dajuan Brooks (Mich. Ct. App. 2017).

People of Michigan v. Steve Wynale Griffin (Mich. Ct. App. 2018).

People of Michigan v. Terrance Dominique Lundy (Mich. Ct. App. 2016).

— Mich. Comp. Laws § 777.55(1)(e) — 15 cases

People v. Harper, 739 N.W.2d 523 (Mich. 2007). “52; MCL 777.55. [7] MCL 777.46(1)(c). [8] MCL 777.”

People v. James, 705 N.W.2d 724 (Mich. Ct. App. 2005). “7411(1), which provides that “[w]hen an individual who has not previously been convicted of [a controlled substance offense] pleads guilty to .”

People of Michigan v. Terrance Dominique Lundy (Mich. Ct. App. 2016).

People of Michigan v. Alvin Tryon Harris (Mich. Ct. App. 2017).

— Mich. Comp. Laws § 777.55(1)(f) — 3 cases

People of Michigan v. Theodore Paul Wafer (Mich. Ct. App. 2024).

People of Michigan v. Mario Willis (Mich. Ct. App. 2015).

— Mich. Comp. Laws § 777.55(2) — 10 cases

People v. Butler, 892 N.W.2d 6 (Mich. Ct. App. 2016). “50 and MCL 777.55) are both located in part 5 of the legislative sentencing guidelines, MCL 777.”

People v. Bulger, 804 N.W.2d 341 (Mich. Ct. App. 2010).

People of Michigan v. Rodney Charles Butler (Mich. Ct. App. 2016).

People of Michigan v. Lawrence Charles Scribbling (Mich. Ct. App. 2014).

— Mich. Comp. Laws § 777.55(2)(a) — 22 cases

People v. Maben, 884 N.W.2d 314 (Mich. Ct. App. 2015). “” MCL 777.55(2)(a). Maben argues that the trial court erred when it determined that his convictions for malicious use of a telecommunications device constituted offenses against a person as required by MCL 777.”

People of Michigan v. Craig Richard Pakosz (Mich. Ct. App. 2022).

— Mich. Comp. Laws § 777.55(2)(b) — 9 cases

People v. Bulger, 804 N.W.2d 341 (Mich. Ct. App. 2010).

People of Michigan v. Norman Paul Veit (Mich. Ct. App. 2018).

People of Michigan v. James Drake (Mich. Ct. App. 2024).

— Mich. Comp. Laws § 777.55(3) — 4 cases

People v. Butler, 892 N.W.2d 6 (Mich. Ct. App. 2016). “50 and MCL 777.55) are both located in part 5 of the legislative sentencing guidelines, MCL 777.”

People of Michigan v. James Drake (Mich. Ct. App. 2024).

— Mich. Comp. Laws § 777.55(3)(a) — 12 cases

People of Michigan v. Roy Woodrow Delarye Jr (Mich. Ct. App. 2016).

People of Michigan v. Cortez Dajuan Brooks (Mich. Ct. App. 2017).

People of Michigan v. Gregory S Ihander (Mich. Ct. App. 2020).

People of Michigan v. Cory James Watson (Mich. Ct. App. 2020).

— Mich. Comp. Laws § 777.55(3)(b) — 4 cases

People of Michigan v. Stacy Wayne Rose Jr (Mich. Ct. App. 2019).

People of Michigan v. Lawrence Charles Scribbling (Mich. Ct. App. 2014).

People of Michigan v. Andre Darnell Clark (Mich. Ct. App. 2015).

— Mich. Comp. Laws § 777.55(a) — 1 case

People of Michigan v. Kesia Dionna Malone (Mich. Ct. App. 2019).

— Mich. Comp. Laws § 777.55(l)(a) — 1 case

— Mich. Comp. Laws § 777.55(l)(d) — 2 cases

— Mich. Comp. Laws § 777.55(l)(e) — 1 case

People v. Harper, 739 N.W.2d 523 (Mich. 2007). “52; MCL 777.55. [7] MCL 777.46(1)(c). [8] MCL 777.”

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