Michigan Laws 777.55 – Prior misdemeanor convictions or prior misdemeanor juvenile adjudications
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 777.55
- Aircraft: means that term as defined in section 2 of the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259. See Michigan Laws 777.1
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: includes any of the following:
(i) Assignment to youthful trainee status under section 11 to 15 of chapter II. See Michigan Laws 777.50Felony: means a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony. See Michigan Laws 761.1 Juvenile: means a person within the jurisdiction of the circuit court under section 606 of the revised judicature act of 1961, 1961 PA 236, MCL 600. See Michigan Laws 761.1 Juvenile adjudication: includes an adjudication set aside under section 18e of chapter XIIA of 1939 PA 288, MCL 712A. See Michigan Laws 777.50 Misdemeanor: means a violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine. See Michigan Laws 761.1 ORV: means that term as defined in section 81101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 777.1 person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l Property: includes any matter or thing upon or in respect to which an offense may be committed. See Michigan Laws 761.1 Snowmobile: means that term as defined in section 82101 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 777.1 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 Vehicle: means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL 257. See Michigan Laws 777.1 Vessel: means that term as defined in section 80104 of the natural resources and environmental protection act, 1994 PA 451, MCL 324. See Michigan Laws 777.1
(1) Prior record variable 5 is prior misdemeanor convictions or prior misdemeanor juvenile adjudications. Score prior record variable 5 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:
| (a) The offender has 7 or more prior misdemeanor convictions or prior misdemeanor juvenile adjudications……….. | 20 points |
| (b) The offender has 5 or 6 prior misdemeanor convictions or prior misdemeanor juvenile adjudications……………….. | 15 points |
| (c) The offender has 3 or 4 prior misdemeanor convictions or prior misdemeanor juvenile adjudications……………….. | 10 points |
| (d) The offender has 2 prior misdemeanor convictions or prior misdemeanor juvenile adjudications……………….. | 5 points |
| (e) The offender has 1 prior misdemeanor conviction or prior misdemeanor juvenile adjudication………………… | 2 points |
| (f) The offender has no prior misdemeanor convictions or prior misdemeanor juvenile adjudications……………….. | 0 points |
(2) All of the following apply to scoring record variable 5:
(a) Except as provided in subdivision (b), count a prior misdemeanor conviction or prior misdemeanor juvenile adjudication only if it is an offense against a person or property, a controlled substance offense, or a weapon offense. Do not count a prior conviction used to enhance the sentencing offense to a felony.
(b) Count all prior misdemeanor convictions and prior misdemeanor juvenile adjudications for operating or attempting to operate a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive while under the influence of or impaired by alcohol, a controlled substance, or a combination of alcohol and a controlled substance. Do not count a prior conviction used to enhance the sentencing offense to a felony.
(3) As used in this section:
(a) “Prior misdemeanor conviction” means a conviction for a misdemeanor under a law of this state, a political subdivision of this state, another state, a political subdivision of another state, or the United States if the conviction was entered before the sentencing offense was committed.
(b) “Prior misdemeanor juvenile adjudication” means a juvenile adjudication for conduct that if committed by an adult would be a misdemeanor under a law of this state, a political subdivision of this state, another state, a political subdivision of another state, or the United States if the order of disposition was entered before the sentencing offense was committed.