People v. Crews

829 N.W.2d 898, 299 Mich. App. 381
CourtMichigan Court of Appeals
DecidedFebruary 5, 2013
DocketDocket No. 305830
StatusPublished
Cited by41 cases

This text of 829 N.W.2d 898 (People v. Crews) 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. Crews, 829 N.W.2d 898, 299 Mich. App. 381 (Mich. Ct. App. 2013).

Opinion

PER CURIAM.

We granted defendant’s delayed application for leave to appeal the trial court’s order denying his motion for resentencing. Because the trial court’s calculation of defendant’s minimum sentence range under the legislative sentencing guidelines was accurate, we affirm.

[385]*385Defendant pleaded guilty to one count of second-degree home invasion, MCL 750.110a(3), on August 22, 2008. Defendant was sentenced on September 18, 2008. At the hearing, the trial court found that defendant’s minimum sentence range was 50 to 100 months, and sentenced defendant to 75 to 180 months’ imprisonment. Defendant did not challenge the information in his presentence investigation report (PSIR) or the scoring of the legislative sentencing guidelines at the hearing; however, on May 7, 2009, he filed a delayed application for leave to appeal in this Court. This Court denied the application, and defendant filed an application for leave to appeal in the Michigan Supreme Court, which also denied leave to appeal.

On August 16, 2010, defendant filed motions for a Ginther1 hearing and for resentencing in the trial court. The trial court denied defendant’s motion for a Ginther hearing, but granted his motion for resentencing. A resentencing hearing was held on January 6, 2011, at which the parties stipulated that offense variable (OV) 11, MCL 777.41, had been improperly scored. Defendant did not challenge the scoring of his prior record variables (PRVs) or any of the other OVs at the hearing. Defendant’s minimum sentence range was recalculated to be 36 to 71 months. The trial court noted that it still felt its original sentence was appropriate, and sentenced defendant to 71 to 180 months’ imprisonment.

On June 30, 2011, defendant filed another motion for resentencing, and the trial court held a hearing on the motion on July 22, 2011.2 At the hearing, defendant [386]*386argued that he had received ineffective assistance of counsel at his previous sentencing hearings and that there were several scoring errors in regard to the calculation of his minimum sentence range under the legislative sentencing guidelines, including errors in the scoring of PRV 1, MCL 777.51, PRV 2, MCL 777.52, and PRV 5, MCL 777.55. Specifically, defendant argued that PRV 1 was improperly scored because his convictions for burglaries in Ohio did not correspond to any Michigan felonies and, accordingly, could not be used as prior high-severity offenses under PRV 1. Defendant further argued that one of the convictions on which his PRV 2 score was based “does not exist,” and that at least one of the offenses relied on for the PRV 5 score was not a crime that could be scored under PRV 5.

In a written order, the trial court denied defendant’s request for resentencing, holding that defendant had failed to demonstrate ineffective assistance of counsel or any error in regard to the score assessed for PRV 1 or PRV 5. However, the trial court ordered that defendant’s PSIR be corrected in regard to PRV 2 and OV 11.3 Thereafter, defendant filed a delayed application for leave to appeal the trial court’s order and this Court granted defendant’s application. Defendant now ap[387]*387peals the trial court’s July 22, 2011, order denying his June 30, 2011, motion for resentencing. On appeal, defendant argues that the trial court erred by scoring 50 points under PRV 1 and by scoring 10 points under PRV 5. Defendant also claims ineffective assistance of counsel in regard to defense counsel’s failure to object to the scoring of PRV 1 and PRV 5.

I. STANDARD OF REVIEW

“This Court reviews a trial court’s scoring decision under the sentencing guidelines to determine whether the trial court properly exercised its discretion and whether the record evidence adequately supports a particular score.” People v Steele, 283 Mich App 472, 490; 769 NW2d 256 (2009) (quotation marks and citations omitted). We will uphold a scoring decision if there is any evidence to support it. Id. “An appellate court must affirm minimum sentences that are within the recommended guidelines range, except when there is an error in scoring the sentencing guidelines or inaccurate information was relied on in determining the sentence.” Id.; MCL 769.34(10). The interpretation of the statutory sentencing guidelines is a question of law that we review de novo. People v Hegwood, 465 Mich 432, 436; 636 NW2d 127 (2001); People v Waclawski, 286 Mich App 634, 680; 780 NW2d 321 (2009).

Resolution of defendant’s arguments on appeal requires statutory interpretation. We interpret statutes “to give effect to the intent of the Legislature as expressed by the statute’s actual language” and “to enforce the statute’s clear and unambiguous language without judicial construction.” People v Wood, 276 Mich App 669, 671; 741 NW2d 574 (2007). A dictionary may be consulted to determine the meaning of a word that has not acquired a unique meaning at law. Id.

[388]*388II. PRIOR RECORD VARIABLE 1

In regard to PRV 1, defendant argues that 50 points should not have been scored because his convictions for burglary in Ohio constitute prior low-severity felony convictions and, thus, should have been scored under PRV 2.

The purpose of Michigan’s legislative sentencing guidelines is “to insure that sentencing decisions are based on a consistent set of legally relevant factors and that such factors are assigned equal importance for all offenders.” People v Whitney, 205 Mich App 435, 436; 517 NW2d 814 (1994). Thus, the sentencing guidelines’ factors “exist to insure that sentencing factors are weighted equally for all offenders.” Id. at 437. Relevant here, the sentencing guidelines provide instructions for scoring a defendant’s prior convictions, and the guidelines differentiate between prior high-severity and prior low-severity felony convictions. PRV 1 and PRV 2 consider prior felony convictions; PRV 1 is scored for prior high-severity felony convictions, and PRV 2 is scored for prior low-severity felony convictions. MCL 777.51; MCL 777.52.

In order for a felony conviction under another state’s law to constitute a prior high-severity felony conviction for purposes of PRV 1, the defendant must have committed a crime in another state that corresponds to a crime listed in offense class M2, A, B, C, or D or a crime that is punishable by a maximum term of 10 years’ imprisonment or more. MCL 777.51(2).4 A felony con[389]*389viction under another state’s law constitutes a prior low-severity felony conviction for purposes of PRV 2 if the crime the defendant committed in another state corresponds to a crime listed in class E, F, G, or H or if the crime is not listed in class M2, A, B, C, D, E, F, G, or H and is punishable by a maximum term of imprisonment that is less than 10 years. MCL 777.52(2).5 Thus, it is clear that by distinguishing high- and low-severity felony convictions the Legislature intended to provide sentencing courts with a mechanism for matching criminal conduct prohibited by other states with similar conduct prohibited by Michigan statutes, with the focus on the type of conduct and harm that each respective [390]*390statute seeks to prevent and punish.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People of Michigan v. Mark Anthony Tersigni
Michigan Court of Appeals, 2025
In Re Ryan Douglas Harder
Michigan Court of Appeals, 2025
20231130_C363093_35_363093.Opn.Pdf
Michigan Court of Appeals, 2023
People of Michigan v. Keith Dajuan Williams
Michigan Court of Appeals, 2023
People of Michigan v. Michael James Scandalito
Michigan Court of Appeals, 2022
People Of Mi V Micheline Nicole Leffew
Michigan Supreme Court, 2022
People of Michigan v. Timothy George Muller
Michigan Court of Appeals, 2021
People of Michigan v. Deandre Jamaal Barnes
Michigan Court of Appeals, 2020
People of Michigan v. James Edward Lockmiller
Michigan Court of Appeals, 2020
People of Michigan v. Leron Antonio Gaines
Michigan Court of Appeals, 2020
People of Michigan v. Micheline Nicole Leffew
Michigan Court of Appeals, 2020
People of Michigan v. Deandre Harris
Michigan Court of Appeals, 2020
People of Michigan v. Gary Arland Mitchell
Michigan Court of Appeals, 2019
People of Michigan v. Dimitri Bernard Robinson
Michigan Court of Appeals, 2018
People of Michigan v. Terry Lee Parish
Michigan Court of Appeals, 2018

Cite This Page — Counsel Stack

Bluebook (online)
829 N.W.2d 898, 299 Mich. App. 381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-crews-michctapp-2013.