Legal Opinion

People v. Butler

Michigan Court of Appeals

Decided June 2, 2016No. Docket 327430PublishedCited by 5 opinions

1Opinion of the CourtSawyer, 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 *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…

2Cases cited7 opinions

  1. People v. WebbMichigan Supreme Court · 1998
  2. People v. ArmstrongMichigan Court of Appeals · 2014
  3. People v. CannonMichigan Supreme Court · 2008
  4. People v. StephanMichigan Court of Appeals · 2000
  5. In Re Complaint of Southfield Against Ameritech MichiganMichigan Court of Appeals · 1999

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. United States v. Leonel Miller Hinojosa, Jr.Court of Appeals for the Sixth Circuit · 2023
  2. People of Michigan v. Gary Arland MitchellMichigan Court of Appeals · 2019
  3. People of Michigan v. Johnnie Derek RogersMichigan Court of Appeals · 2019
  4. People of Michigan v. Lonnie James ArnoldMichigan Court of Appeals · 2019
  5. People of Michigan v. Michael a Palmer JrMichigan Court of Appeals · 2021

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