THE CODE OF CRIMINAL PROCEDURE
Act 175 of 1927
777.66 Minimum sentence ranges for class E.
Sec. 66.
The following are the minimum sentence ranges for class E:
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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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|
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|
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0-9 points
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0-3
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0-6
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0-9
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5-23
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7-23
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9-23
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II
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|
|
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|
|
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10-24 points
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0-6
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0-9
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0-11
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7-23
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10-23
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12-24
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III
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|
|
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|
|
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25-34 points
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0-9
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0-11
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0-17
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10-23
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12-24
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14-29
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IV
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|
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|
|
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35-49 points
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0-11
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0-17
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5-23
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12-24
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14-29
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19-38
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V
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|
|
|
|
|
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50-74 points
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0-14
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5-23
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7-23
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14-29
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19-38
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22-38
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VI
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|
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|
|
|
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75+ points
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0-17
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7-23
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12-24
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19-38
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22-38
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24-38
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History: Add. 1998, Act 317, Eff. Dec. 15, 1998
Notes of Decisions
Cited in
77
cases (
27 in the last 5 years), 2003–2026 · leading case:
People v. Biddles, 896 N.W.2d 461 (Mich. Ct. App. 2016).
People v. Biddles, 896 N.W.2d 461 (Mich. Ct. App. 2016).
· cites it 9× “16m; MCL 777.66. Indeed, a total OV score of 75 or more points is all that is needed to be placed at OV level VI.”
People v. Armisted, 811 N.W.2d 47 (Mich. Ct. App. 2011).
· cites it 2× “21(3)(c); MCL 777.66. In other words, if defendant were sentenced within the guidelines, his minimum sentence *48 could not have exceeded 46 months (3 years and 10 months), and certainly would not have been 11 years.”
People v. McCuller, 715 N.W.2d 798 (Mich. 2006).
· cites it 2× “MCL 777.66. All class D felonies fall in an intermediate sanction cell if the defendant has fewer than 50 PRV points.”
People v. Lucey, 787 N.W.2d 133 (Mich. Ct. App. 2010).
“If defendant’s guidelines score had been applied to the class E guidelines grid, MCL 777.66, his guidelines recommended minimum sentence would have been 14 to 29 months.”
People v. McDaniel, 662 N.W.2d 101 (Mich. Ct. App. 2003).
· cites it 2× “21(3)(c); MCL 777.66. I believe that defendant has established error that resulted in his incarceration beyond the appropriate minimum range under the guidelines, and I would remand for correction of the guidelines scoring error and resentencing.”
People v. Hutcheson, 865 N.W.2d 44 (Mich. Ct. App. 2014).
“hi Defendant was originally scored a total of 55 prior record variable (PRV) points and 36 OV points, placing him in PRV Level E and OV Level with a minimum sentence range under the guidelines of 14 to 29 months.”
People v. Siterlet, 829 N.W.2d 285 (Mich. Ct. App. 2012).
“See MCL 777.66. In addition, defendant’s potential maximum sentence increased from 10 years as a third-offense habitual offender to life imprisonment as a fourth-offense habitual offender.”
People of Michigan v. Lavagas Drain (Mich. Ct. App. 2016).
· cites it 3× “During defendant’s original sentencing, Wayne Circuit Court Judge Daniel Patrick Ryan calculated defendant’s sentencing guidelines score by assessing 75 prior record variable (PRV) points and five offense variable (OV) points, which placed defendant in the F-I cell of the Class…”
People of Michigan v. Michael a Palmer Jr (Mich. Ct. App. 2021).
· cites it 3× “See MCL 777.66. In concert with his total OV score of zero points, which placed him at OV Level I on the applicable sentencing grid, this resulted in minimum guidelines ranges for the felon-in-possession offenses of 5 to 23 months.”
People of Michigan v. Thomas Mulholland (Mich. Ct. App. 2018).
· cites it 2× “Obtaining money ($1,000 to $20,000) by false pretenses, fraudulent scheme or statement in connection with the sale of a security, selling an unregistered security, and violating the securities act are all class E offenses. MCL 777.”
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