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Mich. Comp. Laws § 769.12

Section 769.12 - Punishment for subsequent felony following conviction of 3 or more felonies; sentence for term of years considered indeterminate sentence; use of conviction to enhance sentence prohibited; eligibility for parole; provisions not in derogation of consecutive sentence; definitions
Section 769.12 - Punishment for subsequent felony following conviction of 3 or more felonies; sentence for term of years considered indeterminate sentence; use of conviction to enhance sentence prohibited; eligibility for parole; provisions not in derogation of consecutive sentence; definitions

2 Analyses of this statute by attorneys

  1. COA: Parole Board must interview prisoner before it decides whether to deny parole application

    Warner Norcross & Judd LLPMadelaine LaneOctober 26, 2015

    MCL 791.235(1) provides, however, that the Board has an obligation to interview a prisoner before rejecting his or her parole and that a parole eligibility report shall be prepared by appropriate institutional staff before the expiration of his net minimum sentence. Furthermore, the Court disagreed with the Board’s reading of MCL 769.12(4)(a) as requiring written approval from the sentencing judge or his or her successor for a prisoner to become eligible to be considered for release on parole; rather, the Court found that that statute requires written approval before a prisoner otherwise selected for parole will become eligible for the actual grant of parole.

  2. COA: Misdemeanor drug paraphernalia conviction is a controlled substance offense for purposes of PRV 5

    Warner Norcross & Judd LLPMadelaine LaneSeptember 12, 2014

    The defendant appealed from a conviction of assault with intent to do great bodily harm arising from a stabbing. The trial court sentenced the defendant to 7 to 20 years in prison as a habitual offender under MCL 769.12. On appeal, the defendant argued that the court improperly assessed him 20 points, for 7 or more misdemeanor convictions, under PRV 5.