2.8PRV 4—Prior Low Severity Juvenile Adjudications

A.Scoring

Step 1: Determine whether the offender has any adjudications that qualify as prior low severity juvenile adjudications.¹ MCL 777.54(1). If the offender has previous adjudications to which PRV 4 applies, go to Step 2.

Step 2: Determine which one or more of the statements addressed by PRV 4 apply to the offender and assign the point value indicated for the applicable statement with the highest number of points. MCL 777.54(1).

B.Issues

1.Meaning of Another State Does Not Include Foreign State

For purposes of scoring an offender’s prior record variables, “another state,” as contemplated by MCL 777.51(2), does not include foreign states. People v Price, 477 Mich 1, 5 (2006) (the defendant’s previous conviction in Canada was improperly counted for purposes of PRV 1). Relevant language used in PRV 4 is the same as the language used in PRV 1. MCL 777.54(2). See Section 2.4(B)(2) for a detailed discussion of Price.

2.Attempt Convictions

“MCL 777.19 provides that, in addition to the enumerated felonies in [MCL 777.11 to MCL 777.19], attempts to commit certain enumerated felonies are to be sentenced under the guidelines if the attempt constitutes a felony.” People v Jackson, 504 Mich 929, 929 (2019). “MCL 777.19 is . . . relevant to identify the offense classification of a prior attempt conviction for purposes of scoring Prior Record Variable (PRV) 1, MCL 777.51, and PRV 2, MCL 777.52, which expressly incorporate the sentencing guidelines’ offense classifications.” Jackson, 504 Mich at 930, citing People v Wright, 483 Mich 1130 (2009). PRV 3 similarly expressly incorporates the sentencing guidelines’ offense classifications. See MCL 777.54(2) (defining prior low severity juvenile adjudication by referencing crimes listed in specific offense classes). See also Jackson, 504 Mich at 929 (acknowledging that “other sentencing guidelines variables” also “expressly incorporate the sentencing guidelines’ offense classifications”). See Section 2.4(B)(4) for a detailed discussion of Jackson and Wright.