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Gabriel wrote:
Can a felony be counted as far back as 1900s for purposes of the Habitual Offender statute. Can a prosecutor count a felony as far back as 1972 and apply that felony with a felony committed in 2005?
18/04 09:55:28
refadmin wrote:
Dear Gabriel:
If the offense is 10 or more years old, it is not to be considered for purposes of aggravating the sentence as a habitual offender. A prosecutor who finds that you had a record allowing him to aggravate the sentence would provide notice that you would be charged as a habitual offender so that he can increase your sentence.
If the offense is 10 or more years old, it is not to be considered for purposes of aggravating the sentence as a habitual offender. A prosecutor who finds that you had a record allowing him to aggravate the sentence would provide notice that you would be charged as a habitual offender so that he can increase your sentence.
24/04 07:37:27
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08/08: Habitual Offender
The Michigan habitual offender statutes provide that individuals convicted of 'a felony, an attempt to commit a felony, or both,' who subsequently commit another felony, are subject to sentence enhancement. MCL 769.10-769.12. If the prosecutor intends to seek enhancement of sentence, he mustfile a written notice within 21 days of the arraignment or where waived, 21 days after the information is filed. The notice must include a list of the prior convictions to be used against the defendant, who then can challenge by motion the accuracy and/or constitutional validity. Some misdemeanors are considered felonies for habitual offender purposes as according to MCL 761.1 et seq. and People v. Smith, 423 Mich 427, 444-445 (1985), a two-year misdemeanor may be considered a "felony" for purposes of the habitual offender, probation, and consecutive sentencing provisions of the Code of Criminal Procedure. Furthermore, caution is required because if the defendant pleads guilty or nolo contendre (no contest) within 21 days of the arraingment, the prosecutor could file the notice AFTER conviction. Once the deadline has expired, the prosecutor cannot amend the notice to include additional prior convictions according to People v Ellis, 224 Mich App 752.
If your client is the defendant or you are the defendant and there is a history of felony conviction, be informed before a plea agreement is accepted of the possibility of sentence enhancement as a habitual offender. An attorney should discuss the prosecutor's intent before any plea agreement is accepted.