People v. Butler

A defendant’s sentence is calculated by scoring offense and prior record variables. Prior record variables appraise a defendant’s history of criminal convictions. The higher the PRV score, the longer the potential minimum term. This approach comports with one of the principles of proportionality underlying the legislative sentencing guidelines: a recidivist deserves a harsher penalty than a first offender.

The Legislature carved out two conspicuous exceptions to this maxim. A gap of 10 years or more between the date of an offender’s discharge from a conviction and his commission of a…