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.
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When the offenses occur over a period of time like that, how are penetrations to be scored? The investigator’s report listed three occurrences of penetration over 2 years, but we don’t know which instances he was convicted of.
Full Question as Submitted: Defendant was found guilty of two counts of CSC-I (multiple variables)...
Where D was charged w/36 counts of various offenses and pled guilty to 2 added counts of CSC-II (2 minors perf oral sex on D at same time; multiple touchings/penetrations of each boy over five months), would this count as 2 penetrations?
Full Question as Submitted: The defendant was originally charged with 36 counts: six counts of...
Where D committed CSC-I & II over 6 yrs w/no more than 1 penetration/day, can penetrations not forming the basis of the CSC-I sentencing offense be used to score OV 11; would the continuous timeframe be considered “arising out of” the sentencing offense?
Full Question as Submitted: Defendant was found guilty of five counts of first-degree criminal sexual conduct...
The defendant is convicted of Attempted Third-Degree Criminal Sexual Conduct (Attempted CSC-III). There was both digital and penal penetration. Can both penetrations be scored under OV 11 because penetration is not an element of attempted CSC-III?
[Note that unpublished opinions are not precedentially binding under the rule of stare decisis. MCR...
OV 11 requires all sexual penetrations to be counted but also says not to count the one penetration on which the CSC-I or III offense is based. Is one penetration to be counted for a plea to a CSC-III? Should additional penetrations be scored under OV 13?
Full Question as Submitted: The defendant pleaded guilty to third-degree criminal sexual conduct...
