1.5Calculating a Minimum Sentence Range Under the Guidelines1
Fashioning an appropriate sentence under the statutory guidelines requires the court’s attention to the offender’s prior record variable (PRV) and offense variable (OV) scores and the specific cell in which those scores place the offender in the appropriate sentencing grid. Every PRV is scored for all felony offenses. MCL 777.21(1)(b). However, every OV is not scored for every offense; the offense category of each particular felony determines which OVs are scored. MCL 777.22.
“A trial court determines the sentencing variables by reference to the record, using the standard of preponderance of the evidence.” People v Osantowski, 481 Mich 103, 111 (2008). “Under the sentencing guidelines, the circuit court’s factual determinations are reviewed for clear error[.]” People v Hardy, 494 Mich 430, 438 (2013). “Whether the facts, as found, are adequate to satisfy the scoring conditions prescribed by statute, i.e., the application of the facts to the law, is a question of statutory interpretation, which an appellate court reviews de novo.” Id.2 See Section 5.9 for a detailed discussion of appellate review of felony sentencing.
“Proposed scoring of the [sentencing] guidelines shall accompany the presentence report.” MCR 6.425(C). See also MCL 771.14(2)(e). When a defendant is convicted of multiple offenses, the guidelines might not have to be scored for all of the convictions depending on whether sentencing is consecutive or concurrent and what crime classes are involved. See MCL 777.21(2); MCL 771.14(2)(e). For a detailed discussion on when to score the guidelines when multiple offenses are involved, see Section 7.2(B).
Offense categories and crime classes are discussed in detail in Section Section 1.6, and sentencing grids are discussed in Section 1.7. See Chapter 2 for detailed discussion about scoring PRVs and OVs. For additional information about scoring the sentencing guidelines, see the Sentencing Guidelines Manual.
1 The minimum sentence range calculated under the sentencing guidelines is advisory only; however, sentencing courts “must determine the applicable guidelines range and take it into account when imposing a sentence.” People v Lockridge, 498 Mich 358, 365 (2015), rev’g in part 304 Mich App 278 (2014) and overruling People v Herron, 303 Mich App 392 (2013). See Section 1.4 for discussion of Lockridge and the procedure for imposing a sentence post-Lockridge.
2 “[G]iven the continued relevance to the Michigan sentencing scheme of scoring the variables, the standards of review traditionally applied to the trial court’s scoring of the variables remain viable after Lockridge.” People v Steanhouse (Steanhouse I), 313 Mich App 1, 38 (2015), aff’d in part and rev’d in part on other grounds 500 Mich 453, 459-461 (2017), citing Lockridge, 498 Mich at 392 n 28; Hardy, 494 Mich at 438; People v Gullett, 277 Mich App 214, 217 (2007). For more information on the precedential value of an opinion with negative subsequent history, see our note.