People v. Lowe
People v. Lowe
Dissenting Opinion
(dissenting). I respectfully dissent from the majority’s conclusion that MCL 333.7413(2) permits the sentencing judge to double the offender’s minimum and maximum sentences. In my judgment, in the context of the overall sentencing scheme, the provision at issue authorizes a sentencing judge to double only the penalty provided within the controlled substances act, MCL 333.7101 et seq., which, in this case, is only the maximum sentence. Therefore, I would reverse the judgment of the Court of Appeals and remand the case to the trial court for resentencing.
I. INTRODUCTION
The issue in this case is the proper interpretation of the sentencing enhancement provision in the controlled
II. OVERVIEW OF SENTENCING STATUTES
This case requires reading several sections of statutory code together because, in Michigan, punishment and sentencing for drug offenses are governed by the controlled substances act, which is article 7 of the Public Health Code, and chapters IX and XVII of the Code of Criminal Procedure, MCL 769.1 et seq. and MCL 777.1 et seq., respectively. Statutes regulating the same subject matter must be read together and, when possible, construed harmoniously. As this Court has stated, “ ‘[a]ll consistent statutes which can stand together, though enacted at different dates, relating to the same subject. . . are treated prospectively and con
To begin with, chapter EX of the Code of Criminal Procedure provides the general rules for sentencing, including how to calculate the appropriate minimum and maximum terms under Michigan’s indeterminate sentencing scheme. Maximum sentences are governed partly by MCL 769.8(1), which provides that the maximum sentence for an offender’s first felony offense punishable by imprisonment in a state prison shall be the “maximum penalty provided by law ... in all cases except as provided in this chapter [of the Code of Criminal Procedure].” The maximum sentences for drug offenses are provided in the controlled substances act. Minimum sentences are governed by MCL 769.34(2), which clearly requires that the minimum of every sentence be set in accordance with the Code of Criminal Procedure. It states that the minimum sentence for any felony included in part 2 of the sentencing guidelines, MCL 777.11 et seq., “shall be within the appropriate sentence range under the version of those sentencing guidelines in effect on the date the crime was committed,” except “as otherwise provided” in
In addition to the sentences generally permitted for offenses, both the Code of Criminal Procedure and the controlled substances act permit the sentences otherwise authorized to be enhanced for defendants who were convicted of prior offenses. The habitual-offender statutes in the Code of Criminal Procedure, MCL 769.10, 769.11, and 769.12, permit the maximum sentence otherwise allowed to be increased on the basis of the number of previous offenses. In addition, the controlled substances act provides in MCL 333.7413(2) that
HI. THE PROPER INTERPRETATION OF MCL 333.7413(2)
The issue in this case arises in light of the enhancement statute in the controlled substances act, MCL 333.7413(2). Defendant was subject to a sentence enhancement under this provision, which provides that, excluding some circumstances not applicable here, “an individual convicted of a second or subsequent offense under [the controlled substances act] may be imprisoned for a term not more than twice the term otherwise authorized . . . .” The majority concludes that the “term otherwise authorized” must refer to the “period of time” between the minimum and maximum sentences, so that MCL 333.7413(2) allows the doubling of both the minimum and maximum sentences otherwise authorized, regardless of where in the statutory scheme the sentences are authorized. The majority therefore upholds the doubling of the minimum sentence authorized by the sentencing guidelines for defendant.
There is, however, a fundamental problem with this approach that the majority fails to address. The majority’s interpretation creates a potential conflict between the sentence enhancement provision of the controlled
As discussed below, I disagree with the majority’s interpretation of the statute. But even if one accepts the majority’s reading of MCL 333.7413(2) as correct when
I do not find it necessary to reach this somewhat
In order to reach what I believe is the proper interpretation of MCL 333.7413(2), it is useful to consider the history of that provision. When the controlled substances act was adopted into law in 1978, there were no statutory sentencing guidelines and no statutorily required minimum sentences for most offenses. See People v Primer, 444 Mich 269, 278 n 11; 506 NW2d 839 (1993) (CAVANAGH, J., dissenting). To the extent that statutorily provided minimum sentences existed for drug offenses, they were provided within the controlled substances act itself, and the minimum sentences were mandatory. Id. In other words, at the time that MCL 333.7413(2) became law, the only “otherwise authorized” terms to which MCL 333.7413(2) could have been referring were those maximum sentences and, for a few
When considered in this context, the sentencing provisions in the Code of Criminal Procedure that were enacted 20 years later, when the sentencing guidelines themselves were adopted, are not inconsistent with
Therefore, in order to harmonize the provisions and read the text in light of the statutory scheme as a whole, I would hold that, under MCL 769.34(2), a repeat drug offender’s minimum sentence must be calculated (and enhanced) using the sentencing guidelines, as provided in the sentencing statutes in chapters IX and XVII of the Code of Criminal Procedure. I would hold that, to the extent that it is applicable in a given case, MCL 333.7413(2) may only be used to enhance the penalties
IV CONCLUSION
In my judgment, the majority improperly interprets the words and provisions of MCL 333.7413(2) outside the context of the statutory scheme and achieves an understanding of the statute that is inconsistent with the law as a whole. Therefore, I respectfully dissent. I would reverse the judgment of the Court of Appeals and remand the case to the trial court for resentencing.
The members of this Court have expressed differing views regarding the proper approach to statutory interpretation. Although the current justices have disagreed on certain principles of statutory interpretation, there is agreement on the point that statutes should be construed in light of and in harmony with other relevant statutory provisions. See, e.g., Herman v Berrien Co, 481 Mich 352, 366; 750 NW2d 570 (2008); Baraga Co v State Tax Comm, 466 Mich 264, 275 n 6; 645 NW2d 13 (2002).
MCL 769.34(2) provides an exception in circumstances in which a statute mandates a minimum sentence or a judge expressly departs from the guidelines by following the procedure outlined in MCL 769.34(3).
MCL 769.9(3) provides that for major controlled substance offenses that have a mandatory minimum sentence, the court “shall fix the length of both the minimum and maximum sentence within those specified limits,. . . and the sentence so imposed shall be considered an indeterminate sentence.” In addition, MCL 769.34(2)(a) provides that “[¡Imposing a mandatory minimum sentence is not a departure [from the sentencing guidelines] under this section.”
MCL 769.34(2) (a) does not apply because the statute under which defendant was sentenced, MCL 333.7403(2)(b)(i), does not specify a mandatory minimum sentence. MCL 769.34(3) does not apply because the sentencing judge did not follow the procedure required to depart from the guidelines.
Even if the statutes could not be read harmoniously, in Wayne Co, this Court stated that if statutes were “ ‘not susceptible of a construction which will make all of their provisions harmonize, they are made to operate together so far as possible consistently with the evident intent of the latest enactment.’ ” Wayne Co, 250 Mich at 234 (citation omitted). Given that the controlled substances act, including MCL 333.7413(2), predated the sentencing guidelines and the current version of MCL 769.34(2) by 20 years, reading the mandatory language in MCL 769.34(2) to limit MCL 333.7413(2) would be consistent with the “evident intent of the latest enactment” in the sentencing scheme of the Code of Criminal Procedure.
The majority argues that, because generally “the Legislature is presumed to be aware of judicial interpretations of existing law when passing legislation,” the Legislature must have intended the reference to “term” in MCL 333.7413(2) to include the new minimum sentencing guidelines. Ante at 729 (quotation marks omitted). While this reading could harmonize MCL 333.7413(2) with the sentencing guidelines in a general sense, it does not address the express conflict between MCL 333.7413(2) and the mandatory language in MCL 769.34(2) that the minimum sentence must fall within the sentencing range provided in the sentencing guidelines. If the Legislature had merely stated that the minimum term must be within the range “provided by law,” as stated in MCL 769.8(1) with regard to the maximum term, this conflict would not exist. Instead, however, the Legislature specifically stated that the minimum sentence must fall within the range provided in the guidelines.
Each of the habitual-offender statutes states that “[i]f 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.” MCL 769.10(l)(c), 769.11(l)(c), and 769.12(l)(c).
For drug offenses that the controlled substances act provides mandatory mínimums for, which are generally the major controlled substance offenses, it may be arguable whether MCL 333.7413(2) would permit doubling of the mínimums as well as the máximums. The history of the relationship between the habitual-offender statutes and mandatory mínimums is explained in Primer, 444 Mich at 278 n 11 (Cavanagh, J. dissenting):
“1978 PA 77, which first ‘excluded’ major controlled substance offenses from the purview of the habitual offender provisions, did not take effect unless and until 1977 HB 4190 was also enacted. See 1978 PA 77, § 2. HB 4190 was eventually enacted into law as 1978 PA 147. See 1978 PA 77 (compiler’s note). 1978 PA 147 amended the Controlled Substances Act to provide for the first time mandatory minimum terms of imprisonment for certain drug-related offenses. The definition of ‘major controlled substance offense’ in the Code of Criminal Procedure corresponded to the offenses for which the Legislature had in the Controlled Substances Act mandated minimum terms of imprisonment.” [Citation omitted.]
*741 It may be arguable whether MCL 769.10(l)(c), 769.11(l)(c), and 769.12(l)(c) were intended to permit the mandatory minimums to be doubled, as well as the máximums, given that the habitual-offender statutes themselves otherwise deal with maximum sentences. In light of this history, however, it seems possible that the Legislature intended MCL 333.7413(2) to permit courts to double both the maximum and the minimum when the controlled substances act mandated both. It is further arguable whether the sentencing guidelines would act as a limit on this authority today. In any event, it is not necessary to reach this issue in this case because the statute under which defendant was convicted and sentenced does not provide a mandatory minimum and is not a “major controlled substance offense,” as defined in MCL 761.2. Therefore MCL 769.10(l)(c), 769.11(l)(c), and 769.12(l)(c) are not applicable in this case.
This could be because the Legislature did not consider the provisions to conflict, if the Legislature was operating under the assumption that MCL 333.7413(2) only applied to, as it had up until that point, the mandatory minimum and maximum sentences provided in the controlled substances act.
Using impressive linguistic gymnastics, the majority concludes that the best understanding of MCL 333.7413(2) is that the “term otherwise authorized” is not “exclusively the minimum sentence or the maximum sentence, but it is the actual indeterminate sentence, which is defined by both the minimum and maximum limits for that sentence.” Ante at 724. I agree that this is one possible meaning of the phrase. But there are other possible meanings that I find more plausible in the context of the entire statutory sentencing scheme, particularly given that this provision was enacted 20 years before the Legislature enacted statutory sentencing guidelines within the indeterminate sentencing scheme. Indeed, throughout the statutory scheme, the Legislature refers to a “term” as the maximum (or minimum) amount of time for which an offender may be imprisoned. See, e.g., MCL 333.7416(l)(a) and (3); MCL 333.16177(2)(b). If the Legislature had intended to encompass both the maximum and minimum terms otherwise authorized in the controlled substances act, it is logical that the unmodified word “term” would be used in order to be applicable to both. I do not think that the majority’s limited and exclusive understanding of the word “term” best harmonizes MCL 333.7413(2) with the statutory scheme as a whole.
Opinion of the Court
This case presents the question whether MCL 333.7413(2), by authorizing a trial court to enhance the sentence of a defendant who is a repeat drug offender to a “term not more than twice the term otherwise authorized,” allows the trial court to double both the defendant’s minimum and maximum sen-
I. BACKGROUND
Defendant pleaded guilty to possession of methamphetamine, MCL 333.7403(2)(b)(i), with a sentence enhancement as a repeat drug offender, MCL 333.7413(2). At sentencing, the trial court calculated defendant’s minimum sentence range under the sentencing guidelines at 10 to 23 months. Pursuant to § 7413(2), the trial court, relying on People v Williams, 268 Mich App 416; 707 NW2d 624 (2005), doubled both the minimum and maximum sentences and sentenced defendant to 46 months to 20 years in prison.
II. STANDARD OF REVIEW
This Court reviews de novo questions of statutory interpretation. People v Schaefer, 473 Mich 418, 427; 703 NW2d 774 (2005).
III. ANALYSIS
MCL 333.7413(2) provides for enhanced sentencing for defendants convicted of a second or subsequent controlled substance offense:
*721 Except as otherwise provided in subsections (1) and (3), an individual convicted of a second or subsequent offense under this article may be imprisoned for a term not more than twice the term otherwise authorized or fined an amount not more than twice that otherwise authorized, or both.[2 ]
Defendant argues that the phrase “the term otherwise authorized” only refers to the statutory maximum sentence, and that the trial court therefore erred by doubling the minimum sentence guideline range. Consequently, his minimum sentence should have been within the original minimum sentence guideline range of 10 to 23 months. The prosecutor responds that, based on Michigan’s indeterminate sentencing scheme,
The Court’s responsibility in interpreting a statute is to determine and give effect to the Legislature’s intent. People v Koonce, 466 Mich 515, 518; 648 NW2d 153 (2002). The statute’s words are the most reliable indi
The word “term” is relevantly defined as “the time or period through which something lasts” or “a period of time to which limits have been set.” Random House Webster’s College Dictionary (1997). The “term” that a court is permitted to double in § 7413(2) is the “term otherwise authorized.” “[Ojtherwise authorized” undoubtedly refers to the term provided by law and for which a defendant would be imprisoned absent any enhancement under § 7413(2). Thus, the “term otherwise authorized” is a “period of time,” or more specifically a “period of time to which limits have been set,” by law.
Because Michigan generally adheres to an indeterminate sentencing scheme,
That the indeterminate sentence that a defendant typically receives under Michigan law constitutes a “term” is supported by the ordinary parlance used by the courts of this state to describe indeterminate prison sentences. See, e.g., People v Smith, 482 Mich 292, 297; 754 NW2d 284 (2008) (“The judge sentenced defendant to three concurrent terms of 30 to 50 years’ imprisonment ....”) (emphasis added); People v Williams, 475 Mich 245, 248; 716 NW2d 208 (2006) (“[Defendant] was sentenced to a one- to fifteen-year term of imprisonment.”) (emphasis added); People v Conyer, 281 Mich App 526, 527; 762 NW2d 198 (2008) (“Defendant was sentenced to serve consecutive prison terms of 30 to 120 months ....”) (emphasis added); People v Matuszak, 263 Mich App 42, 45; 687 NW2d 342 (2004) (“Defendant was sentenced to concurrent prison terms of fifteen to thirty years----”) (emphasis added). These are only a tiny sampling of the hundreds of decisions in which a defendant’s indeterminate sentence range is consistently referred to as a “term.”
Moreover, interpreting “the term otherwise authorized” as the indeterminate sentence created by both the minimum and maximum sentences is the only way to give consistent effect to § 7413(2)’s directive that the defendant be “imprisoned for a term not more than twice the term otherwise authorized” when the trial
By contrast, when the “term otherwise authorized” is interpreted as the indeterminate sentence designated by both the minimum and maximum sentences, and when both of these sentences are doubled, the defen
Finally, the Legislature’s authorization for a defendant to be imprisoned for an enhanced term is most reasonably understood to communicate that the defendant should, in fact, serve more time — indeed as a general matter, approximately “twice” as much time— for his enhanced term than for his unenhanced term. Interpreting § 7413(2) to only allow the trial court to double the defendant’s maximum sentence would not in reality ensure that the defendant will serve any additional time when sentenced for a second drug offense, because the minimum sentence would remain the same and nothing in an indeterminate sentence prevents a defendant from being released after his minimum sentence has been satisfied. Thus, interpreting § 7413(2) to allow both the minimum and maximum sentences to be doubled is most consistent with what is almost certainly the common understanding that a defendant who has been imprisoned for “twice” his original “term” will serve twice what he would have otherwise served.
(3) If the offender is being sentenced under section 10, 11, or 12 of chapter IX, determine the offense category, offense class, offense variable level, and prior record variable level based on the underlying offense. To determine the recommended minimum sentence range, increase the upper limit of the recommended minimum sentence range determined under part 6 for the underlying offense as follows:
(a) If the offender is being sentenced for a second felony, 25%.
(b) If the offender is being sentenced for a third felony, 50%.
(c) If the offender is being sentenced for a fourth or subsequent felony, 100%.
(4) If the offender is being sentenced for a violation described in section 18 of this chapter, both of the following apply:[13 ]
(a) Determine the offense variable level by scoring the offense variables for the underlying offense and any additional offense variables for the offense category indicated in section 18 of this chapter.
(b) Determine the offense class based on the underlying offense. If there are multiple underlying felony offenses, the offense class is the same as that of the underlying felony offense with the highest crime class. If there are multiple underlying offenses but only 1 is a felony, the*728 offense class is the same as that of the underlying felony offense. If no underlying offense is a felony, the offense class is G.
Defendant relies on the fact that § 21(3) allows a court to increase a defendant’s minimum sentence range, but § 21(4), which applies to sentencing under MCL 333.7413(2), only specifies the various offense variables and offense classes to be used in calculating the guideline range. Therefore, he argues, the Legislature’s omission of a minimum sentencing enhancement in MCL 777.21(4) indicates that the Legislature did not intend enhancement of minimum sentences for those offenses.
We find defendant’s argument unpersuasive. MCL 777.21(4) simply provides the methodology for a trial court to follow in calculating a defendant’s minimum sentence guideline range. The lack of a minimum sentence enhancement in that subsection provides no insight into whether MCL 333.7413(2) provides a minimum sentence enhancement, and it is unclear why a lack of a minimum sentence enhancement under MCL 777.21(4) must mean that the Legislature intended MCL 333.7413(2) to also lack a minimum sentence enhancement.
IV RESPONSE TO DISSENT
The dissent concludes that MCL 333.7413(2) should be interpreted to authorize trial courts to enhance only
As the dissent correctly notes, post at 740, prior to enactment of the sentencing guidelines, MCL 333.7413(2) had been interpreted to allow a trial court to enhance both the minimum and maximum sentences when a defendant’s “term,” defined by those minimum and maximum sentences, was set by statute. See People v Williams, 205 Mich App 229, 230; 517 NW2d 315 (1994). The sentencing guidelines now statutorily authorize both the minimum and maximum sentences for a broad range of criminal offenses, thereby making the “terms” of applicable offenses to which § 7413(2) had not previously applied the equivalent of the “terms” of offenses to which § 7413(2) had previously applied. Thus, our interpretation of § 7413(2) remains consistent with how it was interpreted in Williams-, applying that decision to the minimum sentence in the instant case is merely a function of the Legislature’s decision to enact sentencing guidelines that established minimum sentences.
The dissent further argues that, because the sentencing guidelines apply to defendant’s underlying
Finally, the dissent contends that we reach our interpretation of “term” through “impressive linguistic gymnastics,” without clarifying what these “gymnastics,” impressive or otherwise, might be. Post at 742 n 10. In fact, we have carefully reviewed the statutory language, and the common understanding of that language, to arrive at our understanding of what constitutes the “term.” The Legislature used the phrase “the term otherwise authorized,” unadorned by “minimum” or “maximum” or any other modifier. In the dissent’s own words, “it is logical that the unmodified word ‘term’ would be used in order to be applicable to both.” Post at 742 n 10. More precisely, because the Legislature has not modified “term” with either “minimum” or “maximum,” the phrase “the term otherwise authorized” is most reasonably interpreted as the prison term to which a defendant would be sentenced absent any enhancement. See also n 10 of this opinion. In Michigan, such “term” is indeterminate and is established by reference to both the minimum and maximum sentences.
V CONCLUSION
We hold that MCL 333.7413(2) authorizes the trial court to double both the minimum and maximum
Possession of methamphetamine typically carries a maximum sentence of 10 years. MCL 333.7403(2)(b)(¿).
MCL 333.7413(5) provides:
For purposes of [§ 7413(2)], an offense is considered a second or subsequent offense, if, before conviction of the offense, the offender has at any time been convicted under this article or under any statute of the United States or of any state relating to a narcotic drug, marihuana, depressant, stimulant, or hallucinogenic drug.
Defendant had been convicted of at least one prior drug-related offense.
An indeterminate sentence is one the specific duration of which is “not fixed by the court but is left to the determination of penal authorities within minimum and maximum time limits fixed by the court.” Black’s Law Dictionary (5th ed).
Article 4, § 45, of the Michigan Constitution provides that the “legislature may provide for indeterminate sentences as punishment for crime and for the detention and release of persons imprisoned or detained under such sentences.”
+ This presumes that the trial court would have sentenced defendant at the top of the minimum sentence guideline range just as it sentenced defendant at the top of the enhanced guideline range.
Defendant would have had to serve no less than 23 months and no more than 10 years.
See the results generated by a Lexis or Westlaw search with the following parameters: sentence! /s “term of”.
We recognize that the statute does not require the trial court to double a defendant’s sentence; rather, it allows an enhancement up to “not more than twice” the original term. Merely for ease of discussion throughout this opinion, we assume that the trial court’s chosen enhancement is twice the original term.
Because § 7413(2) specifically allows the court to double the guideline range, as long as the minimum sentence of the enhanced term is within the doubled range, we conclude that there is also no departure from the guideline range when such a sentence is imposed. See People v Williams, 268 Mich App at 430.
As the Court of Appeals noted in People v Williams, 268 Mich App at 427, “the clear and unambiguous language of MCL 333.7413(2) does not differentiate or suggest a distinction... between maximum and minimum sentences!.]” Accordingly, nothing within the statute can fairly be read to support applying defendant’s suggested meaning of “term” to a maximum, but not a minimum, sentence.
This is based on a minimum sentence at the top of the unenhanced guideline range and twice the statutory maximum sentence. Thus, pursuant to defendant’s argument, only the maximum sentence here is doubled.
Admittedly, under Michigan’s indeterminate sentencing scheme, there is no way of knowing how much time a defendant would actually
Section 18 refers to MCL 777.18, in which the Legislature expressly provided that the chapter of the Code of Criminal Procedure encompassing the sentencing guidelines applies to felonies under MCL 333.7413(2).
Contrary to the dissent’s assertion that MCL 777.21(4) “does not provide dispositive support” for our interpretation, post at 739 n 6, this subsection actually does support our interpretation when considered specifically in the context of the sentencing guidelines and MCL 333.7413(2). See infra at 729-731.
The dissent’s suggestion that MCL 777.21(4) “merely demonstrates that the Legislature intended minimum sentences for repeat drug offenders to be calculated under the sentencing guidelines,” post at 739 n 6, is untenable in light of the dissent’s interpretation that MCL 333.7413(2) only affects maximum sentences, and in light of the fact that the Legislature has already provided calculations for drug offenses under the sentencing guidelines.
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