Sentencing Grids

1.7Sentencing Grids

Sentencing grids for all felony offenses to which the guidelines apply are located in MCL 777.61 to MCL 777.69. There are nine different grids, one each for each of the crime classes.¹ Each sentencing grid is divided into cells corresponding to the number of offense variable (OV) and prior record variable (PRV) levels applicable to the crime class represented by the grid. A defendant’s recommended minimum sentence range is indicated by a numerical range in the cell located at the intersection of the defendant’s OV level (vertical axis) and PRV level (horizontal axis) on the sentencing grid appropriate to the offense of which the defendant was convicted. MCL 777.21(1)(c). The recommended minimum sentence in each cell is expressed by a range of numbers (in months) or life imprisonment. Id.

The nine grids in MCL 777.61 to MCL 777.69 contain only the sentence ranges for offenders not being sentenced as habitual offenders; no separate grids for habitual offenders are provided. However, the recommended minimum sentence range for habitual offenders is determined by reference to the ranges reflected in the nine basic grids. MCL 777.21(3)(a)–MCL 777.21(3)(c). The sentencing grids printed in the Michigan Sentencing Guidelines Manual, and as shown in the examples provided in this chapter, are comprehensive sentencing grids that combine the minimum sentences recommended under the guidelines for all offenders—both first-time and habitual.

Specific cells in some sentencing grids are differentiated from other cells by their classification as prison cells, straddle cells, and intermediate sanction cells.² The following is an example of a sentencing grid:

Sentencing Grid for Class F Offenses—MCL 777.67 Includes Ranges Calculated for Habitual Offenders (MCL 777.21(3)(a)-(c))
OV Level	PRV Level												Offender Status
OV Level	A 0 Points		B 1-9 Points		C 10-24 Points		D 25-49 Points		E 50-74 Points		F 75+ Points		Offender Status
I 0-9 Points	0	3*	0	6*	0	9*	2	17*	5	23	10	23
		3*		7*		11*		21		28		28	HO2
		4*		9*		13*		25		34		34	HO3
		6*		12*		18*		34		46		46	HO4
II 10-34 Points	0	6*	0	9*	0	17*	5	23	10	23	12	24
		7*		11*		21		28		28		30	HO2
		9*		13*		25		34		34		36	HO3
		12*		18*		34		46		46		48	HO4
III 35-74 Points	0	9*	0	17*	2	17*	10	23	12	24	14	29
		11*		21		21		28		30		36	HO2
		13*		25		25		34		36		43	HO3
		18*		34		34		46		48		58	HO4
IV 75+ Points	0	17*	2	17*	5	23	12	24	14	29	17	30
		21		21		28		30		36		37	HO2
		25		25		34		36		43		45	HO3
		34		34		46		48		58		60	HO4
Intermediate sanction cells are marked with asterisks, straddle cells are shaded, and prison cells are unmarked.

A.Prison Cells

Prison cells are those cells for which the minimum sentence recommended exceeds one year of incarceration. In the sentencing grids that appear in the State of Michigan Sentencing Guidelines Manual and in this chapter, prison cells are those cells that are unmarked, i.e., not shaded (as are straddle cells), and not asterisked (as are intermediate sanction cells).

B.Straddle Cells

Straddle cells ³ are those cells in which the lower limit of the recommended range is one year or less and the upper limit of the recommended range is more than 18 months. MCL 769.34(4)(c); People v Stauffer, 465 Mich 633, 636 n 8 (2002). Straddle cells appear shaded in the sentencing grids published in the State of Michigan Sentencing Guidelines Manual and in the grids used in this chapter, as shown in the example at the beginning of this section.

C.Intermediate Sanction Cells

Intermediate sanction cells ⁴ are those cells in which the upper limit recommended by the guidelines is 18 months or less. MCL 769.34(4)(a). These cells are marked with an asterisk in the State of Michigan Sentencing Guidelines Manual and in the examples in this chapter.

D.Habitual Offenders

The upper limit of the recommended minimum sentence range (also referred to as the “maximum-minimum” sentence) under the statutory sentencing guidelines may be incrementally increased based on the defendant’s number of previous felony convictions, as depicted by the rows for HO2, HO3, and HO4 in the examples in this chapter and in the State of Michigan Sentencing Guidelines Manual. MCL 777.21.

Chapter 3 discusses the standard method of determining the recommended minimum sentence ranges using the statutory sentencing guidelines and grids for offenders not being sentenced as habitual offenders; Chapter 4 discusses the guidelines and grids as they apply to habitual offenders.

² These terms are not expressly used in statutes governing application of the sentencing guidelines. See MCL 769.34(4); People v Stauffer, 465 Mich 633, 636 n 8 (2002).