Michigan Laws 324.82130 – Enhanced sentence; listing of prior convictions; attempted violation
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 324.82130
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means a final conviction, the payment of a fine, a plea of guilty or nolo contendere if accepted by the court, or a finding of guilt or probate court disposition on a violation of this part, regardless of whether the penalty is rebated or suspended. See Michigan Laws 324.82101
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Law of another state: means a law or ordinance enacted by any of the following:
(i) Another state. See Michigan Laws 324.82101Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301 Probate: Proving a will state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o United States: shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) If the prosecuting attorney intends to seek an enhanced sentence under section 82128, 82129, 82129a, or 82129b based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information filed in district court, circuit court, recorder’s court, municipal court, or probate court a statement listing the defendant’s prior convictions.
(2) A prior conviction shall be established at sentencing by 1 or more of the following:
(a) An abstract of conviction.
(b) An admission by the defendant.
(3) A person who is convicted of an attempted violation of section 82127(1) or (3) or a local ordinance substantially corresponding to section 82127(1) or (3) shall be punished as if the offense had been completed.
(4) When issuing an order under this part, the secretary of state and the court shall treat a conviction of an attempted violation of section 82127(1) or (3), former section 15a(1) or (3) of 1968 PA 74, a local ordinance substantially corresponding to section 82127(1) or (3), a law of another state substantially corresponding to section 82127(1) or (3), or a law of the United States substantially corresponding to section 82127(1) or (3) the same as if the offense had been completed.