Sentence guidelines and statutorily enhanced sentences.

In People v Peltola, __ Mich __ (#140524, 6/14/2011) the Michigan Supreme Court held the scoring of the prior record variables (PRVs), when calculating a defendant’s recommended minimum sentence range under the statutory sentencing guidelines, remains proper when a defendant’s minimum and maximum sentences may be enhanced pursuant to MCL 333.7413(2).

In Peltola, supra the jury convicted defendant of delivery of less than 50 grams of heroin1 and conspiracy to deliver less than 50 grams of heroin. The trial court scored the PRVs and the relevant offense variables (OVs), calculating defendant’s minimum sentence range at 5 to 23 months in prison with a statutory maximum of 20 years. Because defendant had a prior conviction for a controlled substance offense, the trial court applied the sentence enhancement in MCL 333.7413(2) and doubled both the minimum and maximum sentences for each conviction.  Defendant was sentenced within the enhanced guidelines range to concurrent terms of 46 months to 40 years’ imprisonment.  On appeal the Supreme Court rejected defendant’s argument that PRVs should not be scored when calculating the minimum sentence range for an offender whose sentence may be enhanced under MCL 333.7413(2), notwithstanding language to the contrary in People v Lowe, 484 Mich 718 (2009).