THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
777.64 Minimum sentence ranges for class C.
Sec. 64.
The following are the minimum sentence ranges for class C:
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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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|
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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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|
|
|
|
|
|
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0-9 points
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0-11
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0-17
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10-19
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12-24
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19-38
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29-57
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II
|
|
|
|
|
|
|
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10-24 points
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0-17
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5-17
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12-24
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19-38
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29-57
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36-71
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|
III
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|
|
|
|
|
|
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25-34 points
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10-19
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12-24
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19-38
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29-57
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36-71
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43-86
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IV
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|
|
|
|
|
|
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35-49 points
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12-24
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19-38
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29-57
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36-71
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43-86
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50-100
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V
|
|
|
|
|
|
|
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50-74 points
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19-38
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29-57
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36-71
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43-86
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50-100
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58-114
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|
VI
|
|
|
|
|
|
|
|
75+ points
|
29-57
|
36-71
|
43-86
|
50-100
|
58-114
|
62-114
|
History: Add. 1998, Act 317, Eff. Dec. 15, 1998
Notes of Decisions
Cited in
104
cases (
20 in the last 5 years), 2001–2026 · leading case:
People v. Lockridge, 870 N.W.2d 502 (Mich. 2015).
People v. Lockridge, 870 N.W.2d 502 (Mich. 2015).
· cites it 8× “16p; MCL 777.64. 9 MCL 750.321. 4 (2013), which had rejected that same argument.”
People v. Light, 803 N.W.2d 720 (Mich. Ct. App. 2010).
· cites it 2× “See MCL 777.64. See also People v Ramsey, 218 Mich App 191, 195 ; 553 NW2d 360 (1996).”
People v. Ford, 687 N.W.2d 119 (Mich. Ct. App. 2004).
· cites it 2× “62 (class A grid) and MCL 777.64 (class C grid). This disparate sentencing treatment supports the conclusion that the Legislature's primary focus in the bank robbery statute was the type of property targeted by the offender rather than that the offense be committed by assaulting…”
People v. Garza, 670 N.W.2d 662 (Mich. 2003).
· cites it 2× “MCL 777.64. 2 The defendant applied to the Court of Appeals, which denied leave to appeal.”
People v. Cline, 741 N.W.2d 563 (Mich. Ct. App. 2007).
“62; MCL 777.64. With respect to OV 7 (aggravated physical abuse), the statute only provides for two scores: 50 and zero points.”
People v. Mcchester, 873 N.W.2d 646 (Mich. Ct. App. 2015).
“If the correct score for OV 4 is zero instead of 10 points, it would result in altering the applicable minimum sentence range from 50 to 125 months to 43 to 107 months, thereby requiring reversal.”
People v. McCuller, 715 N.W.2d 798 (Mich. 2006).
· cites it 2× “MCL 777.64. The sentences of class B felons having zero PRV points fall in an intermediate sanction cell.”
People v. Armstrong, 636 N.W.2d 785 (Mich. Ct. App. 2001).
“MCL 777.64. The court must impose a minimum sentence within the guidelines range unless a departure from the guidelines is permitted.”
People v. Bemer, 777 N.W.2d 464 (Mich. Ct. App. 2009).
“When defendant’s uncharged robbery is scored under OV 12 rather than OV 13, defendant’s recommended minimum sentence range is 19 to 38 *37 months in prison.”
People v. Jackson, 805 N.W.2d 463 (Mich. Ct. App. 2011).
“If those 5 points are subtracted from the 15-point OV total, the remaining 10 points assigned to OV 13 are sufficient to maintain the OV level at II, MCL 777.64, and, therefore, the point reduction would not trigger a need to rescore the guidelines.”
People of Michigan v. Ieshia Danielle Barnes (Mich. Ct. App. 2017).
· cites it 5× “, proportionate, under the circumstances. Accordingly, we affirm. Defendant had a prior record variable (PRV) score of 22 total points, placing her at PRV level C (10 to 24 points) in the applicable class C grid for OWI-death.”
People of Michigan v. Ieshia Danielle Barnes (Mich. Ct. App. 2017).
· cites it 5× “, proportionate, under the circumstances. Accordingly, we affirm. Defendant had a prior record variable (PRV) score of 22 total points, placing her at PRV level C (10 to 24 points) in the applicable class C grid for OWI-death.”
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