Skip to main content
A Better Partnership
February 07, 2013

COA Opinion: Ohio convictions for second-degree burglary are high severity felonies for purpose of calculating a sentence

In People of the State of Michigan v. Crews, the Michigan Court of Appeals concluded that out-of-state felony convictions need only be 'similar or analogous' to a Michigan criminal offense to 'correspond' to that offense for the purpose of calculating a sentence. In Crews, the Defendant pleaded guilty to second-degree home invasion, and was sentenced to 71-180 months. On appeal, the Defendant argued that the trial court erred in calculating the effect of his prior criminal record. The Defendant had two convictions in Ohio for second-degree burglary. The trial court concluded that those were high severity felonies. The Defendant argued that these convictions, which are punishable by a maximum of only eight years, should be scored as low severity felonies. The Michigan Court of Appeals held that Ohio's second-degree burglary was sufficiently 'similar or analogous' to Michigan's second-degree home invasion that it 'corresponds' to that crime within the meaning of MCL 777.51(2)(b), and is thus a high severity felony. The Court elaborated that the meaning of 'correspond' does not require statutes to mirror each other under all circumstances, but only that they have 'qualities in common.'

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.



+ -