Sec. 10.
(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.
Structure Michigan Compiled Laws
Chapters 760 - 777 - Code of Criminal Procedure
Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)
175-1927-IX - Chapter IX Judgment and Sentence (769.1...769.36)
Section 769.1a - Order of Restitution.
Section 769.1c - Psychiatrist; Definition; Aid From State Hospitals.
Section 769.1d - Expense of Confinement in State Institutions.
Section 769.1h - Consecutive or Concurrent Sentence.
Section 769.1j - Court Ordered Fine, Costs, or Assessments; Minimum Amounts; Definitions.
Section 769.1l - Order of Restitution; Deduction; Payment to Court; Priority.
Section 769.2 - Repealed. 2015, Act 216, Eff. Mar. 14, 2016.
Section 769.3 - Conditional Sentence; Payment of Fine; Probation.
Section 769.4 - Conditional Sentence; Execution.
Section 769.6 - Recognizance to Keep Peace; Court Option.
Section 769.7 - Recognizance to Keep Peace; Breach of Condition; Procedure.
Section 769.11a - Void Sentence; Trial Judge to Credit Time Served.
Section 769.11b - Credit Time Served Prior to Sentence; Lack of Bond.
Section 769.14 - Review of Sentence of Prisoner or Parolee; Application; Rights of Prisoner.
Section 769.18 - Record After Sentence of Imprisonment; Duty of Clerk; Contents, Forwarding, Fee.
Section 769.19-769.23 - Repealed. 1972, Act 179, Imd. Eff. June 16, 1972.
Section 769.24 - Excessive Sentence; Validity.
Section 769.26 - Error in Pleading or Procedure; Effect.
Section 769.32, 769.33 - Repealed. 2002, Act 31, Eff. Apr. 1, 2002.
Section 769.32a - Repealed 2018, Act 576, Eff. Sept. 30, 2019.
Section 769.33a - Repealed. 2018, Act 576, Eff. Sept. 30, 2019.
Section 769.34 - Sentencing Guidelines; Duties of Court.
Section 769.35 - Jail Reimbursement Program; Operation; Criteria.