Prior Record Variable 1 (PRV 1) measures the number of prior high severity felony convictions in the defendant's criminal history. All seven PRVs are scored for every felony offense to which the sentencing guidelines apply. People v Peltola, 489 Mich 174, 187-189 (2011). The total PRV score constitutes the defendant's "PRV level" and corresponds to the horizontal axis on the applicable sentencing grid.
Scoring Table
| Points | Scoring Provision |
|---|---|
| 75 | The offender has 3 or more prior high severity convictions. MCL 777.51(1)(a). |
| 50 | The offender has 2 prior high severity convictions. MCL 777.51(1)(b). |
| 25 | The offender has 1 prior high severity conviction. MCL 777.51(1)(c). |
| 0 | The offender has no prior high severity convictions. MCL 777.51(1)(d). |
| MCL 777.51(2): "Prior high severity felony conviction" includes felonies in offense class M2, A, B, C, or D; and felonies under federal or other state law corresponding to crimes in those classes; and prior convictions punishable by 10 or more years' maximum imprisonment not otherwise listed in a crime class. | |
Scoring Procedure
Step 1: Determine whether the defendant has any previous convictions entered before the sentencing offense was committed that qualify as prior high severity felony convictions, as defined by MCL 777.51(2). Prior convictions must also satisfy the ten-year gap rule under MCL 777.50.
Step 2: Determine which statement applies and assign the point value indicated by the applicable statement with the highest number of points. MCL 777.51(1).
Definition: Prior High Severity Felony Conviction
Under MCL 777.51(2), a "prior high severity felony conviction" means a conviction for any of the following:
- A felony under Michigan law classified as M2 or offense class A, B, C, or D;
- A felony under federal law or the law of another state that corresponds to a crime listed in M2 or class A through D; or
- A felony not listed in any offense class that is punishable by a maximum term of imprisonment of 10 or more years.
By contrast, class E through H felonies—and their federal and out-of-state equivalents, and unclassified felonies punishable by fewer than 10 years maximum—qualify as "prior low severity felony convictions" scored under PRV 2. MCL 777.52.
Controlling Case Law
The Court of Appeals established the framework for evaluating whether an out-of-state felony conviction "corresponds to" a Michigan high-severity felony. The court held that by distinguishing high- and low-severity felony convictions in PRV 1 and PRV 2, the Legislature intended to provide a mechanism for matching criminal conduct prohibited by other states with similar conduct prohibited by Michigan statutes, focusing on the type of conduct and harm each statute seeks to prevent.
Critically, MCL 777.51(2)(b) requires only that the out-of-state felony "correspond" to a crime in a listed offense class—not that it mirror that crime in every element. The plain meaning of "correspond" is "similar or analogous," meaning statutes need only have "qualities in common." PRV 1 was properly scored where the defendant's Ohio second-degree burglary convictions corresponded to Michigan second-degree home invasion under MCL 750.110a(3), even though one element of the Ohio statute did not exactly match the Michigan provision.1
The Michigan Supreme Court held that for purposes of scoring PRVs, "another state" as used in MCL 777.51(2) means a state of the United States and does not include foreign nations. A prior conviction from Canada was therefore improperly counted for purposes of PRV 1. The Court reasoned that the common understanding of "state" in Michigan law is a state of the United States, and that a Canadian conviction is not a conviction "under the law of . . . another state."2
The Court of Appeals held that a federal conviction for involuntary manslaughter constituted a "prior high severity felony" under MCL 777.51(2)(b). The defendant argued the federal conviction should be scored as low severity. The court applied the Crews "analogous or similar" standard, finding that the federal involuntary manslaughter statute and Michigan's involuntary manslaughter statute (a Class C felony under MCL 777.16p) "essentially prohibit unlawful killings that are the result of unlawful acts." Although the laws are not identical, MCL 777.51(2)(b) requires only that the laws "correspond in some respect or have qualities in common." PRV 1 at 25 points was properly scored.3
Assignment of youthful trainee status under the Holmes Youthful Trainee Act (MCL 762.11 et seq.) constitutes a "conviction" for purposes of PRV 1, as MCL 777.50(4)(a) expressly includes youthful trainee assignments within the definition of conviction applicable to the PRV statutes.4
A prior conviction entered against an individual who was tried as an adult in a designated proceeding under MCL 712A.2d constitutes a conviction for purposes of PRV 1 scoring, regardless of whether the individual was ultimately sentenced as an adult or received a juvenile disposition in the designated proceeding.5
MCL 777.19 is relevant to identifying the offense classification of a prior attempt conviction for purposes of scoring PRV 1 and PRV 2, which expressly incorporate the sentencing guidelines' offense classifications. The prior offense classification governs, not simply the label "attempt." Under MCL 777.19(3)(a), an attempt to commit a class A, B, C, or D offense is itself a class E offense. A prior conviction for attempted assault with intent to do great bodily harm (class D offense) is therefore a class E offense and properly scored under PRV 2 as a low-severity felony, not under PRV 1 as a high-severity felony.6
Although this case specifically addressed PRV 2, the principle is equally applicable to PRV 1: a felony remains a felony even if a jurisdiction's sentencing peculiarities result in a sentence resembling a misdemeanor. An Indiana felony conviction was properly counted even though the defendant served only one year in jail because Indiana law provided no misdemeanor-level violation for the conduct at issue.7
Post-Lockridge Advisory Guidelines
Although People v Lockridge, 498 Mich 358 (2015), rendered the sentencing guidelines advisory only, the proper calculation of PRV scores remains mandatory. Sentencing courts must still score all PRVs correctly and take the resulting guidelines range into account. A scoring error that results in an incorrect PRV level continues to entitle the defendant to resentencing. People v Jackson, ___ Mich App ___ (2024) (defendant entitled to resentencing where scoring error resulted in inaccurate information being relied upon).
Evidentiary Standard
All PRV scoring is determined by reference to the record under the preponderance of the evidence standard. People v Osantowski, 481 Mich 103, 111 (2008). The application of facts to the legal scoring requirements is a question of statutory interpretation reviewed de novo. People v Hardy, 494 Mich 430, 438 (2013).
Endnotes
- People v Crews, 299 Mich App 381, 389-390, 396 (2013).
- People v Price, 477 Mich 1, 4-5 (2006).
- People v Skippergosh, ___ Mich App ___ (2024).
- People v Williams, 298 Mich App 121, 125, 127 (2012); MCL 777.50(4)(a).
- People v Armstrong, 305 Mich App 230, 243-244 (2014).
- People v Jackson, 504 Mich 929, 929-930 (2019); People v Wright, 483 Mich 1130 (2009).
- People v Meeks, 293 Mich App 115, 118-119 (2011).