THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
777.65 Minimum sentence ranges for class D.
Sec. 65.
The following are the minimum sentence ranges for class D:
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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
|
|
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
|
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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0-9 points
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0-6
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0-9
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0-11
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0-17
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5-23
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10-23
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|
II
|
|
|
|
|
|
|
|
10-24 points
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0-9
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0-11
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0-17
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5-23
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10-23
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19-38
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|
III
|
|
|
|
|
|
|
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25-34 points
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0-11
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0-17
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5-23
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10-23
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19-38
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29-57
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IV
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|
|
|
|
|
|
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35-49 points
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0-17
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5-23
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10-23
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19-38
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29-57
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34-67
|
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V
|
|
|
|
|
|
|
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50-74 points
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5-23
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10-23
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19-38
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29-57
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34-67
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38-76
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|
VI
|
|
|
|
|
|
|
|
75+ points
|
10-23
|
19-38
|
29-57
|
34-67
|
38-76
|
43-76
|
History: Add. 1998, Act 317, Eff. Dec. 15, 1998
Notes of Decisions
Cited in
85
cases (
16 in the last 5 years), 2006–2025 · leading case:
People v. McCuller, 739 N.W.2d 563 (Mich. 2007).
People v. McCuller, 739 N.W.2d 563 (Mich. 2007).
· cites it 14× “MCL 777.65 sets forth the class D sentencing grid.”
People v. McCuller, 715 N.W.2d 798 (Mich. 2006).
· cites it 6× “In the guidelines class D sentencing grid, a PRV level of two points and an OV level of 36 points placed defendant in the B-IV cell.”
People v. Norfleet, 897 N.W.2d 195 (Mich. Ct. App. 2016).
“Because 50 points is the minimum number of points in OV Level V, MCL 777.65, if any of the OV points were the result of judicial fact-finding as opposed to facts admitted by defendant or found by the jury, then defendant’s guidelines minimum sentence range was impermissibly…”
People v Sours, 890 N.W.2d 401 (Mich. Ct. App. 2016).
“MCL 777.65; MCL 777.21(3)(a). Although the trial court stated that it might nonetheless consider defendant’s conduct to be grounds for a departure, implying that it might have imposed the same sentence, defendant is still entitled to be resentenced because his minimum sentence…”
People v. Terrell, 879 N.W.2d 294 (Mich. Ct. App. 2015).
· cites it 3× “MCL 777.65 (Class D sentencing grid). Assault with intent to do great bodily harm less than murder is a Class D offense.”
People v. Jamison, 807 N.W.2d 427 (Mich. Ct. App. 2011).
· cites it 2× “See MCL 777.65. See Jackson, 487 Mich at 792 .”
People v. Stevens, 858 N.W.2d 98 (Mich. Ct. App. 2014).
“MCL 777.65. A reduction to 15 points, as advanced by the prosecution, results in a total PRV score of 50 points, which still places defendant in PRV Level E.”
People of Michigan v. Alonzo Carter, 931 N.W.2d 566 (Mich. 2019).
“After the Court of Appeals held that defendant should have been assessed 25 fewer points under PRV 1 and zero points under OV 4, defendant's PRV and OV assessments sat at 102 and 50 points, respectively.”
People v. Rhodes, 849 N.W.2d 417 (Mich. Ct. App. 2014).
“MCL 777.65. Defendant’s present minimum sentence of 66 months is therefore outside the correct guidelines range, and he is entitled to resentencing.”
People v. Maben, 884 N.W.2d 314 (Mich. Ct. App. 2015).
“See MCL 777.65. After doubling the maximum of the range to reflect his status as a habitual offender, see MCL 777.”
People v. Gray, 824 N.W.2d 213 (Mich. Ct. App. 2012).
· cites it 2× “13m, and defendant’s total OV score was 60 points, placing him at OV level V on the sentencing grid, MCL 777.65. Defendant’s total prior record variable (PRV) score was 65 points, placing him in PRV level E on the sentencing grid.”
People v. Allen, 872 N.W.2d 21 (Mich. Ct. App. 2015).
· cites it 3× “Defendant was assessed 10 points for PRV 7 for a total PRV score of 35 points, which is PRV Level D; defendant’s offense variable (OV) score was 10 points, which is OV Level II.”
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