THE CODE OF CRIMINAL PROCEDURE (EXCERPT)
Act 175 of 1927
769.10 Punishment for subsequent felony; sentence imposed for term of years considered indeterminate sentence; use of conviction to enhance sentence prohibited.
(1) If a person has been convicted of a felony or an attempt to commit a felony, whether the conviction occurred in this state or would have been for a felony or attempt to commit a felony in this state if obtained in this state, and that person commits a subsequent felony within this state, the person shall be punished upon conviction of the subsequent felony and sentencing under section 13 of this chapter as follows:
(a) If the subsequent felony is punishable upon a first conviction by imprisonment for a term less than life, the court, except as otherwise provided in this section or section 1 of chapter XI, may place the person on probation or sentence the person to imprisonment for a maximum term that is not more than 1-1/2 times the longest term prescribed for a first conviction of that offense or for a lesser term.
(b) If the subsequent felony is punishable upon a first conviction by imprisonment for life, the court, except as otherwise provided in this section or section 1 of chapter XI, may place the person on probation or sentence the person to imprisonment for life or for a lesser term.
(c) If the subsequent felony is a major controlled substance offense, the person shall be punished as provided by part 74 of the public health code, 1978 PA 368, MCL 333.7401 to 333.7461.
(2) If the court pursuant to this section imposes a sentence of imprisonment for any term of years, the court shall fix the length of both the minimum and maximum sentence within any specified limits in terms of years or a fraction of a year and the sentence so imposed shall be considered an indeterminate sentence. The court shall not fix a maximum sentence that is less than the maximum term for a first conviction.
(3) A conviction shall not be used to enhance a sentence under this section if that conviction is used to enhance a sentence under a statute that prohibits use of the conviction for further enhancement under this section.
History: 1927, Act 175, Eff. Sept. 5, 1927
Am. 1929, Act 24, Imd. Eff. Apr. 2, 1929
CL 1929, 17338
CL 1948, 769.10
Am. 1949, Act 56, Eff. Sept. 23, 1949
Am. 1978, Act 77, Eff. Sept. 1, 1978
Am. 1988, Act 90, Imd. Eff. Mar. 30, 1988
Am. 1998, Act 317, Eff. Dec. 15, 1998
Am. 2006, Act 655, Imd. Eff. Jan. 9, 2007
Former Law: See section 12 of Ch. 161 of R.S. 1846, being CL 1857, § 5948; CL 1871, § 7814; How., § 9424; CL 1897, § 11785; and CL 1915, § 15612.
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