Recent Felony Sentencing Q&As
This Q&A is a collaborative effort between MJI, the Prosecuting Attorneys Association of Michigan (PAAM), and the State Appellate Defenders Office (SADO). MJI cannot provide legal advice, and the information contained in the Q&A should not be construed as such, nor is it intended to be authoritative statements by the justices of the Michigan Supreme Court.
If your question has not already been answered, you may submit an inquiry to the committee. Please note that this service is designed to provide relevant and governing authorities to court and MDOC professionals who are scoring the sentencing guidelines. You should receive a response, typically within 72 hours; if appropriate, the inquiry and response will then be added to this page.
To access additional materials related to felony sentencing, such as former versions of the Sentencing Guidelines Manuals, please visit our Felony Sentencing Online Resources page.
Can you score 10 points where the defendant convicted of second-degree murder fled after the crime, left the state, and was ultimately arrested and extradited?
Ten points are appropriately assessed under OV 19, in relevant part, where “[t]he offender...
Can you score 25 points when a handgun is discovered in the defendant’s prosthetic leg while he is being processed at the jail?
OV 19 should be scored at 25 points when “[t]he offender by his or her conduct threatened the...
How should you score OV 3 when the victim dies after running alongside a car that is driving away with stolen property?
Question as originally presented: Defendant makes arrangements to purchase drugs from the victim....
Can you score 100 points where the sentencing offense is delivery, and the delivered drugs cause the user to die of an overdose?
Question as Originally Presented: Offender was originally charged with (1) Delivery of Controlled...
Should 100 points be scored for OV 3 for a conviction of failure to stop at the scene of an accident resulting in death or serious impairment of a body function, where the accident resulted in death?
[Note: unpublished opinions are not precedentially binding under the rules of stare decisis.] The...
