THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
777.61 Minimum sentence ranges for class M2.
Sec. 61.
The following are the minimum sentence ranges for class M2:
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PRIOR RECORD VARIABLE LEVEL
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Offense Variable
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A
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B
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C
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D
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E
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F
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Level
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0
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1-9
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10-24
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25-49
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50-74
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75+
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points
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points
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points
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points
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points
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points
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I
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0-49 points
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90-150
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144-240
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162-270
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180-300 or life
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225-375 or life
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270-450 or life
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II
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50-99 points
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144-240
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162-270
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180-300 or life
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225-375 or life
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270-450 or life
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315-525 or life
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III
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100+ points
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162-270 or life
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180-300 or life
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225-375 or life
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270-450 or life
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315-525 or life
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365-600 or life
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History: Add. 1998, Act 317, Eff. Dec. 15, 1998
Notes of Decisions
People of Michigan v. Dawn Marie Dixon-Bey, 909 N.W.2d 458 (Mich. Ct. App. 2017).
· cites it 3× “-20- defendant’s overall OV score from 70 points to 95 points, leaving her recommended minimum sentence range unchanged, MCL 777.61. Thus, even if the trial court believed that this variable was given inadequate weight and should have been scored to reflect a premeditated…”
People v. Hardy; People v. Glenn, 494 Mich. 430 (Mich. 2013).
· cites it 2× “The upper-most range on each of the several charts is “100+ points,” and, therefore, any OV score of 100 points or above results in the same sentencing guidelines range.”
People v. Houston, 702 N.W.2d 530 (Mich. 2005).
· cites it 4× “§ 777.61, which specifies a minimum sentence range of 162 to 270 months.”
People v. Houston, 683 N.W.2d 192 (Mich. Ct. App. 2004).
· cites it 4× “MCL 777.61. Defendant argues that the trial court erroneously scored OV 3 at twenty-five points rather than zero points because the sentencing offense was a homicide, not the result of the operation of a vehicle while under the influence or while impaired pursuant to People v…”
People v. Gardner, 753 N.W.2d 78 (Mich. 2008).
· cites it 2× “MCL 777.61. Because he was sentenced as a third offense habitual offender, MCL 769.”
People v. Bonilla-Machado, 803 N.W.2d 217 (Mich. 2011).
· cites it 2× “See MCL 777.61 through 777.69. 15 For similar reasons, the majority is incorrect in stating that “[t]he Court of Appeals’ opinion would permit courts to ignore the explicit statutory offense categories .”
People v. Blevins, 886 N.W.2d 456 (Mich. Ct. App. 2016).
“MCL 777.61. Even though defendant’s minimum sentence of 360 months lies within both the scored and the corrected minimum sentence ranges, because the sentence range itself has changed, our Supreme Court’s historical interpretation of the sentencing guidelines would constrain us…”
People v. Peltola, 803 N.W.2d 140 (Mich. 2011).
· cites it 2× “The recommended minimum sentence within a sentencing grid is shown as a range of months or life.”
People v. Drohan, 715 N.W.2d 778 (Mich. 2006).
· cites it 2× “See MCL 777.61 to 777.69. Nearly every single felony could present a Blakely problem if the defendant has the correct number of PRV points.”
People v. Bergman, 879 N.W.2d 278 (Mich. Ct. App. 2015).
· cites it 2× “Defendant’s total OV score was 195 points, and her prior record variable (PRV) score was 37 points, placing her in OV level III (100+ points) and PRV level D (25-49 points) of the applicable sentencing grid, MCL 777.61. The trial court concluded from these scores that…”
People v. Johnigan, 696 N.W.2d 724 (Mich. Ct. App. 2005).
· cites it 2× “[33] MCL 777.61 and MCL 777.62. [34] People v.”
People v. Portellos, 298 Mich. App. 431 (Mich. Ct. App. 2012).
· cites it 2× “16p; MCL 777.61. See People v Francisco, 474 Mich 82, 89-90 ; 711 NW2d 44 (2006).”
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