THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
777.57 Subsequent or concurrent felony convictions.
Sec. 57.
(1) Prior record variable 7 is subsequent or concurrent felony convictions. Score prior record variable 7 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 2 or more subsequent or concurrent convictions
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20
points
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(b)
The offender has 1 subsequent or concurrent conviction
|
10
points
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|
(c)
The offender has no subsequent or concurrent convictions
|
0
points
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(2) All of the following apply to scoring record variable 7:
(a) Score the appropriate point value if the offender was convicted of multiple felony counts or was convicted of a felony after the sentencing offense was committed.
(b) Do not score a felony firearm conviction in this variable.
(c) Do not score a concurrent felony conviction if a mandatory consecutive sentence or a consecutive sentence imposed under section 7401(3) of the public health code, 1978 PA 368, MCL 333.7401, will result from that conviction.
History: Add. 1998, Act 317, Eff. Dec. 15, 1998 ;-- Am. 1999, Act 227, Imd. Eff. Dec. 28, 1999 ;-- Am. 2002, Act 666, Eff. Mar. 1, 2003
Notes of Decisions
Cited in
100
cases (
30 in the last 5 years), 2002–2026 · leading case:
People v. Peltola, 803 N.W.2d 140 (Mich. 2011).
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 777.49a]. Total those points to determine the offender’s offense variable level.”
People of Michigan v. Vicki Renee Dickinson, 909 N.W.2d 24 (Mich. Ct. App. 2017).
· cites it 2× “At defendant's sentencing, the prosecution objected to the scoring of Prior Record Variable (PRV) 7, MCL 777.57, which requires an assessment of points for subsequent or concurrent felony convictions, and Offense Variable (OV) 14, MCL 777.”
People v. Jackson, 790 N.W.2d 340 (Mich. 2010).
· cites it 4× “5 See MCL 777.57(1)(a) (stating that 20 points should be assessed if “[t]he offender has 2 or more subsequent or concurrent convictions”).”
People v. Smith, 754 N.W.2d 284 (Mich. 2008).
· cites it 2× “Thus, a correction would not affect defendant's OV score. [37] MCL 777.”
People v. Harmon, 640 N.W.2d 314 (Mich. Ct. App. 2002).
· cites it 2× “Regarding prv 7, MCL 777.57(l)(a) dictates a score of twenty points if “[t]he offender has 2 or more subsequent or concurrent convictions.”
People v. Masroor, 880 N.W.2d 812 (Mich. Ct. App. 2015).
· cites it 2× “See MCL 777.57(1). The court observed that the variables may be used “as a springboard for articulating reasons for a departure[.”
People v. Terrell, 879 N.W.2d 294 (Mich. Ct. App. 2015).
· cites it 2× “57(l)(a) directs a score of 20 points for PRV 7 if a defendant has two or more subsequent or concurrent felony convictions, but MCL 777.57(2)(b) and (c) preclude the court from scoring “a felony-firearm conviction,” or “a concurrent felony conviction if a mandatory consecutive…”
People v. Williams, 811 N.W.2d 88 (Mich. Ct. App. 2011).
“The scoring of PRV 7 is governed by MCL 777.57: (1) Prior record variable 7 is subsequent or concurrent felony convictions.”
People v. Young, 740 N.W.2d 347 (Mich. Ct. App. 2007).
“MCL 777.57. Because the sentencing guidelines make elaborate provision for a defendant’s criminal record and base the recommended minimum sentence in part on those provisions, a trial court may not depart from the recommended minimum on the basis of a defendant’s prior record…”
People v. Mutchie, 650 N.W.2d 733 (Mich. Ct. App. 2002).
“4 We similarly reject defendant’s claim that Prior Record Variable 7 (subsequent or concurrent felony convictions), MCL 777.57, supports a conclusion that the Legislature intended that sexual penetrations that result in separate convictions are not to be counted for purposes of…”
People v. Allen, 872 N.W.2d 21 (Mich. Ct. App. 2015).
· cites it 2× “In this case, the prosecution concedes in its brief on appeal that defendant was not convicted of multiple felonies or convicted of a subsequent felony.”
People v. Young, 740 N.W.2d 347 (Mich. Ct. App. 2007).
“MCL 777.57. Because the sentencing guidelines make elaborate provision for a defendant's criminal record and base the recommended minimum sentence in part on those provisions, a trial court may not depart from the recommended minimum on the basis of a defendant's prior record…”
— Mich. Comp. Laws § 777.57(1) — 15 cases
People v. Masroor, 880 N.W.2d 812 (Mich. Ct. App. 2015).
“See MCL 777.57(1). The court observed that the variables may be used “as a springboard for articulating reasons for a departure[.”
— Mich. Comp. Laws § 777.57(1)(a) — 34 cases
People v. Smith, 754 N.W.2d 284 (Mich. 2008).
“Thus, a correction would not affect defendant's OV score. [37] MCL 777.”
People v. Jackson, 790 N.W.2d 340 (Mich. 2010).
“5 See MCL 777.57(1)(a) (stating that 20 points should be assessed if “[t]he offender has 2 or more subsequent or concurrent convictions”).”
— Mich. Comp. Laws § 777.57(1)(b) — 26 cases
— Mich. Comp. Laws § 777.57(1)(c) — 1 case
— Mich. Comp. Laws § 777.57(2) — 1 case
— Mich. Comp. Laws § 777.57(2)(a) — 13 cases
— Mich. Comp. Laws § 777.57(2)(b) — 10 cases
People v. Terrell, 879 N.W.2d 294 (Mich. Ct. App. 2015).
“57(l)(a) directs a score of 20 points for PRV 7 if a defendant has two or more subsequent or concurrent felony convictions, but MCL 777.57(2)(b) and (c) preclude the court from scoring “a felony-firearm conviction,” or “a concurrent felony conviction if a mandatory consecutive…”
— Mich. Comp. Laws § 777.57(2)(c) — 4 cases
— Mich. Comp. Laws § 777.57(a)(1) — 1 case
— Mich. Comp. Laws § 777.57(l)(a) — 4 cases
People v. Jackson, 790 N.W.2d 340 (Mich. 2010).
“5 See MCL 777.57(1)(a) (stating that 20 points should be assessed if “[t]he offender has 2 or more subsequent or concurrent convictions”).”
People v. Harmon, 640 N.W.2d 314 (Mich. Ct. App. 2002).
“Regarding prv 7, MCL 777.57(l)(a) dictates a score of twenty points if “[t]he offender has 2 or more subsequent or concurrent convictions.”
People v. Masroor, 880 N.W.2d 812 (Mich. Ct. App. 2015).
“See MCL 777.57(1). The court observed that the variables may be used “as a springboard for articulating reasons for a departure[.”
People v. Terrell, 879 N.W.2d 294 (Mich. Ct. App. 2015).
“57(l)(a) directs a score of 20 points for PRV 7 if a defendant has two or more subsequent or concurrent felony convictions, but MCL 777.57(2)(b) and (c) preclude the court from scoring “a felony-firearm conviction,” or “a concurrent felony conviction if a mandatory consecutive…”
— Mich. Comp. Laws § 777.57(l)(b) — 2 cases
People v. Harmon, 640 N.W.2d 314 (Mich. Ct. App. 2002).
“Regarding prv 7, MCL 777.57(l)(a) dictates a score of twenty points if “[t]he offender has 2 or more subsequent or concurrent convictions.”
People v. Allen, 872 N.W.2d 21 (Mich. Ct. App. 2015).
“In this case, the prosecution concedes in its brief on appeal that defendant was not convicted of multiple felonies or convicted of a subsequent felony.”
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