People v. Bulger
804 N.W.2d 341
Mich. Ct. App.2010Background
- Bulger drove while intoxicated on North Ave in Macomb Twp, causing Emilee Floer’s death on Apr 19, 2007.
- Bulger pled no contest on Oct 30, 2007 to operating a vehicle while intoxicated causing death and to operating while intoxicated, second offense.
- Trial court sentenced Bulger to 71 months to 15 years for OUIL causing death and 93 days for OUI second offense, with 3 days credit.
- Court scored two PRV 5 points for Bulger’s zero-tolerance minor-drinking conviction, leading to a 36–71 month guideline range; Bulger moved for resentencing challenging PRV 5 scoring.
- Bulger challenged the PRV 5 scoring and appealed; appellate court affirmed the trial court’s decision.
- Court considered related statutory interpretations and held that zero-tolerance convictions count as prior convictions for PRV 5 under MCL 257.625 and MCL 777.55; Blakely does not apply to Michigan’s indeterminate system.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether zero-tolerance minor-OD conviction counts as a prior conviction for PRV 5 | Bulger argues zero-tolerance lacks DUI impairment. | State contends zero-tolerance counts as prior conviction under MCL 257.625. | Yes, properly counted. |
| Whether Blakely applies to Michigan’s sentencing scheme | Bulger asserts Blakely requires reweighing jury facts. | State maintains Blakely does not apply to Michigan’s indeterminate system. | Blakely does not apply. |
| Whether PRV 5 scoring should be reduced to zero due to zero-tolerance. | Bulger seeks zero points for PRV 5. | State supports two-point PRV 5 based on zero-tolerance violation. | Two points correctly scored. |
| Whether the court properly interpreted the sentencing statute to harmonize with the DUI statutes | Bulger argues inconsistent interpretations. | State relies on broad interpretation to align statutes. | Best reading supports counting zero-tolerance as prior conviction. |
Key Cases Cited
- People v Morson, 471 Mich 248 (2004) (zero-tolerance and minor alcohol provision interpretation respected)
- People v Giovannini, 271 Mich App 409 (2006) (analysis of intoxicated driving provisions)
- People v Gillis, 474 Mich 105 (2006) (interpretation of drunken-driving statutes and prior convictions)
- People v Valentin, 457 Mich 1 (1998) (statutory interpretation guidance for DUI offenses)
- Nowell v Titan Ins Co, 466 Mich 478 (2002) (prior-violation treatment for sentencing considerations)
- People v Drohan, 475 Mich 140 (2006) (Blakely considerations in Michigan context)
- Blakely v. Washington, 542 U.S. 296 (2004) (clarifies jury-fact regime; not controlling in Michigan)