4.3Determining a Habitual Offender’s Recommended Minimum Sentence Range

The nine sentencing grids in MCL 777.61 to MCL 777.69 represent the proper sentence ranges for offenders not being sentenced as habitual offenders.¹ Separate grids reflecting the recommended sentence ranges for habitual offenders for the same nine crime classes (A through H, and second-degree murder, M2) do not exist in the statutes governing felony sentencing. However, MCL 777.12(3) provides authority for determining the upper limit of a habitual offender’s recommended minimum sentence range by adding an incremental percentage of the range calculated for first-time offenders (or offenders who are not otherwise being sentenced as habitual offenders). The sentencing grids printed in the Michigan Sentencing Guidelines Manual, and the example shown in Section 4.3(B), combine the ranges recommended under the guidelines for all offenders—first-time and habitual.² 

A.Steps for Determining Minimum Range

To determine the minimum sentence range for a habitual offender, complete the following steps based on the underlying sentencing offense:

Step 1: Find the offense category and the offense class to which the sentencing offense belongs.³ MCL 777.21(3). The offense category and class for every offense to which the guidelines apply is indicated in Part 2 of the Code of Criminal Procedure, MCL 777.11 et seq.

Step 2: Calculate the offender’s “OV level” by scoring only the OVs applicable to crimes in the sentencing offense’s category. MCL 777.21(3). This step is discussed in detail in Section 3.2.

Step 3: Calculate the offender’s “PRV level” by scoring all seven PRVs. MCL 777.21(3). This step is discussed in detail in Section 3.2.

Step 4: Find the intersection of the OV level (vertical axis) and PRV level (horizontal axis) on the sentencing grid that corresponds to the offense class of the sentencing offense to arrive at the recommended minimum sentence range for a non-habitual offender. MCL 777.21(3). This step is discussed in detail in Section 3.2.

Step 5: Increase the recommended minimum sentence range for a non-habitual offender according to the defendant’s habitual offender status:

•by 25% for a second-offense habitual offender (HO2), MCL 777.21(3)(a);

•by 50% for a third-offense habitual offender (HO3), MCL 777.21(3)(b); and

•by 100% for a fourth-offense habitual offender (HO4), MCL 777.21(3)(c).

When using the sentencing grids printed in the Michigan Sentencing Guidelines Manual, these increases are calculated⁴ and depicted in the HO2, HO3, and HO4 cells.

B.Example Grid

In the grid below, the recommended minimum sentence range for an offender being sentenced as a second-offense habitual offender is indicated by the numeric values shown in the “HO2” cells of each sentencing grid; the recommended minimum sentence range for an offender being sentenced as a third-offense habitual offender is indicated by the numeric values shown in the “HO3” cells of each sentencing grid; and the recommended minimum sentence range for an offender being sentenced as a fourth-offense habitual offender is indicated by the numeric values shown in the “HO4” cells of each sentencing grid.

The minimum ranges recommended for a second-offense habitual offender, as calculated by the percentages outlined in MCL 777.21(3)(a), are (in months): for level A-I, 0 to 3; for level B-I, 0 to 7; for level C-I, 0 to 11; for level D-I, 2 to 21; for level E-I, 5 to 28; and for level F-I, 10 to 28.⁵

The minimum ranges recommended for a third-offense habitual offender, as calculated by the percentages outlined in MCL 777.21(3)(b), are (in months): for level A-I, 0 to 4; for level B-I, 0 to 9; for level C-I, 0 to 13; for level D-I, 2 to 25; for level E-I, 5 to 34; and for level F-I, 10 to 34.⁶

The minimum ranges recommended for a fourth-offense habitual offender, as calculated by the percentages outlined in MCL 777.21(3)(c), are (in months): for level A-I, 0 to 6; for level B-I, 0 to 12; for level C-I, 0 to 18; for level D-I, 2 to 34; for level E-I, 5 to 46; and for level F-I, 10 to 46.

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