People v. Butler

892 N.W.2d 6, 315 Mich. App. 546, 2016 Mich. App. LEXIS 1104
CourtMichigan Court of Appeals
DecidedJune 2, 2016
DocketDocket 327430
StatusPublished
Cited by11 cases

This text of 892 N.W.2d 6 (People v. Butler) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Butler, 892 N.W.2d 6, 315 Mich. App. 546, 2016 Mich. App. LEXIS 1104 (Mich. Ct. App. 2016).

Opinions

SAWYER, J.

We are asked to determine in this case whether a prior conviction that is not otherwise scorable under the prior record variables (PRVs) of the sentencing guidelines may, nevertheless, be considered [548]*548in applying the so-called “10-year gap” rule of MCL 777.50. We conclude that it may.

Defendant was convicted by plea of second-degree home invasion1 for an offense committed on May 11, 2014. He was sentenced within the guidelines recommendation, as scored by the trial court, to 3 to 15 years in prison. Defendant has an extensive criminal record dating back to 1984. But he acquired no convictions at all from 2001 until 2012, with the exception of a 2006 conviction related to an offense committed in 1993.2 Depending on whether that 2006 conviction may be considered in applying the provisions of MCL 777.50, defendant’s prior-record level under the sentencing guidelines and, therefore, the recommended minimum sentence range, will change significantly.

MCL 777.50 provides, in relevant part, as follows:

(1) In scoring prior record variables 1 to 5, do not use any conviction or juvenile adjudication that precedes a period of 10 or more years between the discharge date from a conviction or juvenile adjudication and the defendant’s commission of the next offense resulting in a conviction or juvenile adjudication.
(2) Apply subsection (1) by determining the time between the discharge date for the prior conviction or juvenile adjudication most recently preceding the commission date of the sentencing offense. If it is 10 or more years, do not use that prior conviction or juvenile adjudication and any earlier conviction or juvenile adjudication in scoring prior record variables. If it is less than 10 years, use that prior conviction or juvenile adjudication in scoring prior record variables and determine the time between the commission date of that prior conviction and the [549]*549discharge date of the next earlier prior conviction or juvenile adjudication. If that period is 10 or more years, do not use that prior conviction or juvenile adjudication and any earlier conviction or juvenile adjudication in scoring prior record variables. If it is less than 10 years, use that prior conviction or juvenile adjudication in scoring prior record variables and repeat this determination for each remaining prior conviction or juvenile adjudication until a period of 10 or more years is found or no prior convictions or juvenile adjudications remain.

Under these provisions, if the 2006 conviction is considered, then there is no 10-year period in which defendant went without a conviction and, therefore, PRV 5 would be scored at 20 points because defendant had “7 or more prior misdemeanor convictions.”3 This is how the trial court scored the guidelines. On the other hand, if the 2006 conviction is ignored, then there is a period of more than 10 years from his discharge on May 17, 2002, for a 2001 conviction for what the presentence report describes as “A&B,” until the commission of a felony drunk-driving related offense on September 3,2012, for which he was convicted of operating while impaired, third offense.4 In that case, defendant would have no scorable prior misdemeanor convictions, and PRV 5 should have been scored at zero points. We believe that the trial court properly scored the guidelines.

We review de novo questions concerning statutory interpretation of the sentencing guidelines.5 In interpreting a statute, we first look to the statute’s plain language.6 If the statute’s language is clear, we apply it [550]*550as written.7 We find the language of MCL 777.50 to be clear and in no need of further interpretation.

Defendant’s argument is based on the fact that the offense for which he was convicted in 2006 is not itself a scorable offense under PRV 5.8 Defendant argues that, because the two statutes must be read in pari materia, only offenses scorable under MCL 777.55 may be considered in applying the 10-year-gap rule under MCL 777.50 in determining which offenses may be scored under PRV 5. We disagree.

This Court explained the in pari materia rule in People v Stephan9 as follows:

Under this doctrine, statutes that relate to the same subject or share a common purpose are in pari materia. Such statutes must be read together as one law, even if they contain no reference to one another and were enacted on different dates. People v Webb, 458 Mich 265, 274; 580 NW2d 884 (1998)....
The object of the in pari materia rule is to further legislative intent by finding an harmonious construction of related statutes, so that the statutes work together compatibly to realize that legislative purpose. Id. Therefore, if two statutes lend themselves to a construction that avoids conflict, that construction should control. Id. Two statutes that form “a part of one regulatory scheme” should be read in pari materia. In re Complaint of Southfield Against Ameritech Mich, 235 Mich App 523, 527; 599 NW2d 760 (1999).

The flaw in defendant’s reasoning is that it rests on the presumption that, for MCL 777.50 and MCL 777.55 to [551]*551be read harmoniously, only the same exact convictions may be considered under both sections. Defendant insists that they must be “interpreted consistently with the Legislature’s judgment that only certain misdemeanors should be used in assessing the severity of a defendant’s criminal history.” We do not believe that is true.

Although both statutes serve a common purpose by limiting what prior convictions may be considered, the limitations are different, and the underlying purpose of each respective limitation is obviously different as well. MCL 777.55(2) serves to limit which prior misdemeanor convictions can be considered at all in scoring PRV 5, regardless of whether they occurred a week prior, a year prior, or a decade prior. The limitation is on the type of misdemeanor that the Legislature finds relevant in assessing a defendant’s prior criminal history.

MCL 777.50, on the other hand, applies to the scoring of multiple PRVs, 1 through 5. Thus, if a 10-year gap between convictions exists so as to trigger the provisions of MCL 777.50, prior convictions of all sorts will be ignored: prior high-severity felonies (PRV l),10 prior low-severity felonies (PRV 2),11 prior high-severity juvenile adjudications (PRV 3),12 prior low-severity juvenile adjudications (PRV 4),13 as well as prior misdemeanors (PRV 5). MCL 777.50 draws no distinctions between the types of crimes previously committed. When a defendant has gone 10 years between the discharge from a conviction and the commission of his or her next offense, all convictions, regard[552]*552less of the crime, are to be ignored. The prior conviction could be a prior high-severity felony, such as second-degree murder,14 but as long as the defendant does not commit another crime for at least 10 years after discharge from the murder conviction, that murder conviction would no longer be scorable under PRV 1.

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Cite This Page — Counsel Stack

Bluebook (online)
892 N.W.2d 6, 315 Mich. App. 546, 2016 Mich. App. LEXIS 1104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-butler-michctapp-2016.