Yes. You can appeal a Michigan criminal sentence in many circumstances—even if you are not challenging your conviction. A Michigan criminal sentence may be challenged when it is unreasonable or disproportionate, based on inaccurate information, affected by an error in scoring the sentencing guidelines, based on an improper sentencing factor, or otherwise imposed contrary to Michigan law.
Importantly, even a sentence that falls within the Michigan sentencing guidelines can be challenged on appeal. In People v. Posey, 512 Mich 317 (2023), the Michigan Supreme Court held that defendants may challenge the proportionality and reasonableness of within-guidelines sentences.
If you are considering a Michigan criminal sentence appeal, however, time matters. Criminal appellate deadlines can be strict, and the appropriate procedure depends on how the conviction occurred and what order you are challenging.
This guide explains how Michigan sentencing appeals work, what types of sentencing errors can be appealed, the deadlines that may apply, and when an experienced Michigan appellate attorney can make a difference.
Learn how to file a Michigan criminal appeal.
Can I Appeal a Michigan Criminal Sentence Without Appealing My Conviction?
Yes.
A defendant does not necessarily have to argue that the conviction itself was improper to challenge the sentence.
For example, someone could accept the validity of a conviction but argue on appeal that:
- the sentence is disproportionate;
- the sentencing guidelines were incorrectly scored;
- the judge relied on inaccurate information;
- the judge relied on an improper sentencing factor;
- the judge failed to adequately explain an out-of-guidelines sentence;
- the sentence is unreasonable;
- the sentencing court made a legal error; or
- the sentence violates a Michigan statute or court rule.
The requested remedy may be resentencing rather than a new trial.
That distinction is important. A sentencing appeal is not necessarily an attempt to erase the conviction. It can instead ask the Michigan Court of Appeals to determine whether the sentence was legally and constitutionally proper.
Michigan Criminal Sentence Appeal: What Does Michigan Law Say?
Michigan sentencing law has changed significantly over the last decade.
Three Michigan Supreme Court decisions are particularly important:
- People v. Lockridge, 498 Mich 358 (2015)
- People v. Steanhouse, 500 Mich 453 (2017)
- People v. Posey, 512 Mich 317 (2023)
Together, these cases establish much of the modern framework for reviewing Michigan criminal sentences.
Learn in greater detail how to file a Michigan criminal appeal.
People v. Lockridge
In Lockridge, the Michigan Supreme Court held that Michigan’s legislative sentencing guidelines are advisory rather than mandatory. Trial courts must consider the guidelines, but the guidelines do not mechanically determine the sentence.
People v. Steanhouse
In Steanhouse, the Michigan Supreme Court explained that appellate review of sentencing focuses on the principle of proportionality.
The question is whether the sentence is proportionate to the seriousness of the circumstances surrounding the offense and the offender.
People v. Posey
Posey is particularly important for defendants who received a sentence within the guidelines.
The Michigan Supreme Court held that defendants may challenge the reasonableness of a within-guidelines sentence. A within-guidelines sentence receives a nonbinding rebuttable presumption of proportionality, but it is not immune from appellate review.
In plain English:
The sentencing guidelines matter, but they do not make a sentence automatically unappealable.
Can I Appeal a Sentence That Is Within the Michigan Sentencing Guidelines?
Yes.
This is one of the most important points for anyone researching a Michigan criminal sentence appeal.
Before Posey, Michigan law was sometimes interpreted as preventing substantive appellate review of a within-guidelines sentence except for certain errors.
In People v. Posey, the Michigan Supreme Court rejected that approach.
The Court held that all criminal sentences are subject to appellate reasonableness review, including sentences within the recommended guidelines range.
There is an important qualification.
A within-guidelines sentence receives a nonbinding presumption of proportionality. Therefore, the defendant generally needs to present a persuasive reason why the particular sentence is unreasonable or disproportionate.
That means an appellate argument should not simply say:
“My sentence is too long.”
Instead, the argument should explain why the sentence is unreasonable under Michigan’s proportionality principles.
Can I Appeal an Above-Guidelines Sentence?
Yes.
A sentence above the recommended guidelines range can be challenged for reasonableness and proportionality.
Michigan’s current sentencing statute, MCL 769.34, permits a sentencing court to depart from the applicable guidelines range when the departure is reasonable and the court states its reasons on the record.
The guidelines therefore remain an important reference point even though they are advisory.
A sentencing judge who imposes an above-guidelines sentence should explain the basis for the departure and the extent of the departure sufficiently to allow meaningful appellate review.
The Michigan Judicial Institute explains that sentencing courts must continue to consult the guidelines and take them into account, while also explaining the justification for the sentence imposed.
What Makes a Michigan Criminal Sentence Unreasonable?
Michigan appellate courts use the principle of proportionality when reviewing criminal sentences.
The basic question is whether the sentence is proportionate to the seriousness of the circumstances surrounding:
- the offense; and
- the offender.
This principle originates in People v. Milbourn, 435 Mich 630 (1990) and was reaffirmed as the framework for modern sentencing review in Steanhouse.
An appellate attorney may therefore examine:
- the seriousness of the offense;
- the defendant’s role in the offense;
- the defendant’s criminal history;
- the defendant’s age and circumstances;
- mitigating circumstances;
- aggravating circumstances;
- rehabilitation;
- the defendant’s personal circumstances;
- the effect on victims;
- the sentencing-guidelines range;
- the degree of any departure;
- whether the judge relied on inaccurate information;
- whether the judge relied on an improper factor; and
- whether the judge adequately explained the sentence.
The issue is not whether an appellate judge would personally have selected a different sentence.
The issue is whether the sentence falls outside the range of reasonable and proportionate sentencing decisions permitted under Michigan law.
Can Incorrect Michigan Sentencing Guidelines Scoring Be Appealed?
Yes.
Incorrect sentencing-guidelines scoring can be an important issue in a Michigan criminal sentence appeal.
Michigan felony sentencing guidelines generally involve:
- Prior Record Variables, or PRVs;
- Offense Variables, or OVs;
- the applicable offense class;
- the sentencing grid; and
- the resulting recommended minimum-sentence range.
An error in scoring an OV or PRV can sometimes change the recommended sentencing range.
For example:
Suppose a defendant’s guidelines are calculated at 51 to 85 months. An attorney discovers that an offense variable was improperly scored and that the correct guidelines range should have been 36 to 60 months.
That may create a significant sentencing issue.
The appellate attorney should determine:
- whether the variable was legally scored;
- whether the facts support the score;
- whether the issue was preserved;
- whether correcting the score changes the guidelines range; and
- whether resentencing is required.
Michigan’s appellate courts continue to recognize sentencing-guidelines scoring issues as an important category of appellate review.
What If the Judge Relied on Inaccurate Information?
A sentence based on inaccurate information can present a serious appellate issue.
Imagine that during sentencing the prosecutor tells the judge that the defendant has three prior similar convictions.
The record shows that the defendant does not have those convictions.
If the sentencing judge relies upon that information in determining the sentence, an appellate attorney should investigate whether the defendant’s sentencing rights were violated.
The analysis may require reviewing:
- the presentence investigation report;
- sentencing objections;
- sentencing memoranda;
- the sentencing transcript;
- the defendant’s criminal history;
- the prosecutor’s statements;
- defense counsel’s arguments; and
- the judge’s explanation for the sentence.
This is one reason why reviewing the sentencing transcript can be more important than simply looking at the judgment of sentence.
Can a Michigan Judge Consider Factors Already Included in the Guidelines?
This is a complicated area of Michigan sentencing law.
The sentencing guidelines do not necessarily prevent a judge from considering circumstances surrounding an offense.
But where the court relies upon circumstances that are already adequately accounted for by the guidelines, an appellate attorney may need to analyze whether the trial court improperly relied on those circumstances again without explaining why the guidelines did not adequately account for them.
The Michigan Court of Appeals addressed this issue in People v. Steanhouse (On Remand), 322 Mich App 233 (2017).
The Court of Appeals examined an extensive upward departure and concluded that some of the reasons given by the trial court were not proper reasons for departure because the circumstances were already addressed by particular offense variables.
The case demonstrates why a sentencing appeal requires careful comparison of:
the sentencing guidelines + the facts + the sentencing judge’s reasoning.
Michigan Court of Appeals Case: People v. Steanhouse (On Remand)
People v. Steanhouse (On Remand) is particularly useful in understanding an above-guidelines sentencing appeal.
The defendant’s recommended minimum range was 171 to 285 months, but the trial court imposed a sentence of 30 to 60 years.
The Michigan Court of Appeals examined whether the reasons given by the trial court justified both:
- departing from the guidelines; and
- the extent of the departure.
The case illustrates an important concept for a Michigan criminal sentence appeal:
It is not enough to identify that a sentence is above the guidelines. The appellate analysis must examine why the court departed and whether the extent of the departure is proportionate.
The Michigan Judicial Institute continues to identify Steanhouse (On Remand) as authority concerning the need to justify both the departure and its extent.
What Are the Deadlines for a Michigan Criminal Sentence Appeal?
Do not wait to investigate an appeal.
The applicable deadline depends on the type of appellate proceeding.
Appeal by right
Under MCR 7.204(A)(2), an appeal by right in a criminal case generally must be taken within 42 days after entry of the judgment or order being appealed.
There are additional provisions concerning timely requests for appointed appellate counsel and certain postjudgment motions.
The Michigan Court of Appeals specifically warns that the time limits for criminal appeals are important and that failure to comply can result in dismissal.
Application for leave to appeal
A criminal case that does not qualify for an appeal by right may proceed through an application for leave to appeal.
Under MCR 7.205(A)(2), a defendant’s application concerning a final judgment or order generally must be filed by the later of:
- six months after entry of the judgment or order; or
- 42 days after certain events specified by the rule, including appointment or denial of appellate counsel in qualifying circumstances or the filing of certain requested transcripts.
Because the deadlines depend upon the procedural history of the case, a defendant should not simply assume that “six months” is the deadline.
The exact date and procedural posture should be evaluated immediately.
What If I Pleaded Guilty?
A guilty or no-contest plea can affect the appellate procedure.
Under MCR 7.203, the Michigan Court of Appeals generally does not have an appeal by right from a circuit-court criminal judgment where the conviction is based on a guilty or no-contest plea.
Instead, appellate review generally proceeds through an application for leave to appeal.
That does not mean that a defendant who pleaded guilty has no appellate options.
It means the procedural route is different.
Potential sentencing issues should be evaluated separately from potential challenges to the validity of the plea itself.
What Happens During a Michigan Criminal Sentence Appeal?
A Michigan criminal sentence appeal typically involves several stages.
1. The appellate record is obtained
The attorney needs the relevant trial-court record.
This can include:
- transcripts;
- sentencing transcript;
- presentence investigation report;
- sentencing guidelines;
- motions;
- exhibits;
- plea proceedings;
- sentencing memoranda;
- objections;
- judgments; and
- relevant orders.
2. The record is analyzed
The appellate attorney looks for legal errors.
This is often where important issues emerge.
A sentence that initially appears ordinary may look very different after reviewing the sentencing transcript.
3. The appellate issues are developed
The attorney determines which issues have a reasonable legal and factual basis.
Potential issues might include:
- proportionality;
- reasonableness;
- scoring errors;
- inaccurate information;
- constitutional sentencing errors;
- statutory violations;
- improper sentencing factors;
- inadequate explanation of a departure; or
- preservation issues.
4. The appellate brief is prepared
The brief explains:
- the legal issue;
- the relevant facts;
- the applicable Michigan law;
- the standard of review;
- the error;
- why the error matters; and
- the relief requested.
5. The prosecution responds
The prosecutor has an opportunity to respond to the appellate arguments.
6. The Court of Appeals decides the case
The Court of Appeals may affirm the sentence, reverse, remand for resentencing, or grant other appropriate relief.
7. Further review may be available
In appropriate cases, a party may seek review by the Michigan Supreme Court.
Michigan Supreme Court review is discretionary in most criminal cases, so a further appeal is not automatic.
What Happens If I Win a Michigan Sentencing Appeal?
Winning a sentencing appeal does not necessarily mean the conviction is overturned.
Often, the appropriate remedy is resentencing.
For example:
The Michigan Court of Appeals determines that the sentence was unreasonable and remands the case for resentencing.
The defendant then returns to the trial court for a new sentencing proceeding consistent with the appellate court’s decision.
This is one reason it is important to distinguish between a conviction appeal and a sentencing appeal.
A successful sentencing appeal can result in a new sentencing proceeding even when the underlying conviction remains intact.
Why Is the Sentencing Transcript So Important?
The judgment of sentence tells you what sentence was imposed.
The sentencing transcript can tell you why it was imposed.
That distinction can be critical.
A transcript may reveal that:
- the judge relied on inaccurate information;
- the judge misunderstood the guidelines;
- the prosecutor made an inaccurate factual assertion;
- defense counsel objected to a scoring decision;
- the judge relied on an improper factor;
- mitigating circumstances were presented;
- the judge gave an inadequate explanation;
- the court imposed a significant departure; or
- the judge’s reasoning does not support the sentence imposed.
For that reason, a meaningful Michigan criminal sentence appeal should generally begin with a careful review of the actual sentencing record.
When Should You Hire a Michigan Appellate Attorney?
A sentencing appeal is not simply another opportunity to ask a trial judge for a shorter sentence.
It is an appellate legal proceeding.
The attorney must understand:
- Michigan appellate jurisdiction;
- MCR 7.203;
- MCR 7.204;
- MCR 7.205;
- MCR 6.425;
- MCR 6.429;
- Michigan sentencing statutes;
- sentencing-guidelines calculations;
- standards of appellate review;
- preservation requirements;
- proportionality law;
- constitutional sentencing issues; and
- the appropriate appellate remedy.
An experienced appellate attorney also knows how to read a trial transcript for issues that may not be obvious from the judgment itself.
That can be especially important when the defendant believes something went wrong at sentencing but is unsure whether the error is legally appealable.
What makes a strong appellate attorney.
Can an Appellate Attorney Help If the Sentence Was Already Imposed?
Yes.
An attorney can evaluate the procedural posture of the case and determine what appellate or postjudgment options may still exist.
The first questions should include:
- When was the judgment entered?
- Was the conviction by trial or plea?
- Was appellate counsel appointed?
- Was an appeal already filed?
- Was a motion to correct an invalid sentence filed?
- Were sentencing errors preserved?
- Was a postjudgment motion filed?
- What does the sentencing transcript show?
- What guidelines range applied?
- Was the sentence within or above the guidelines?
- Did the judge explain the sentence?
- Did the judge rely on disputed facts?
Those questions can determine which legal procedure is available.
Examples of Michigan Criminal Sentence Appeals
Example 1: Incorrect Guidelines Scoring
A defendant receives a recommended minimum range of 51 to 85 months.
After sentencing, an appellate attorney determines that an offense variable was incorrectly scored.
If correcting the score changes the applicable range, the scoring error may provide a basis for appellate relief.
Example 2: Inaccurate Criminal History
The sentencing judge believes the defendant has multiple prior convictions that do not actually exist.
If the judge relied on that information in imposing the sentence, the defendant may have a sentencing issue that warrants appellate review.
Example 3: Excessive Departure
The guidelines recommend a minimum sentence of 60 to 100 months.
The judge imposes a significantly longer minimum sentence.
The appeal would examine whether the departure is reasonable and proportionate and whether the judge adequately justified the sentence and its extent.
Example 4: Within-Guidelines Sentence
A defendant receives a sentence at the high end of the guidelines.
The defendant believes the particular sentence is disproportionate based on unusual circumstances involving the offense and the offender.
Under People v. Posey, the fact that the sentence falls within the guidelines does not automatically prevent a reasonableness challenge.
Frequently Asked Questions About Michigan Criminal Sentence Appeals
Can I appeal my Michigan criminal sentence but not my conviction?
Yes. A defendant can potentially challenge the sentence without seeking reversal of the underlying conviction.
Can I appeal a Michigan sentence that is within the guidelines?
Yes. People v. Posey holds that within-guidelines sentences are subject to appellate review for reasonableness. Such sentences receive a nonbinding rebuttable presumption of proportionality.
Can I appeal an above-guidelines sentence?
Yes. An above-guidelines sentence can be challenged for reasonableness and proportionality.
What if I think my Michigan sentence is simply too harsh?
That alone may not be enough. A successful appellate argument should identify why the sentence is unreasonable, disproportionate, legally erroneous, or otherwise improper under Michigan law.
Can incorrect sentencing-guidelines scoring be appealed?
Yes. A scoring error can potentially provide a basis for appellate relief, particularly if correcting the error changes the applicable sentencing range.
What if the judge relied on false information?
A sentence based on inaccurate information can present an important sentencing issue. The sentencing record should be reviewed carefully to determine whether the information affected the sentence.
Can I appeal after pleading guilty?
Potentially, yes. The appellate procedure is generally different from a case resulting in a conviction after trial, and an application for leave to appeal may be required.
How long do I have to appeal a Michigan criminal sentence?
An appeal by right generally has a 42-day deadline, while applications for leave to appeal in criminal cases are subject to the specific timing provisions of MCR 7.205.
What if I missed the deadline?
There may be limited procedures for seeking a delayed appeal or pursuing postjudgment relief, depending on the circumstances. Do not assume that a missed deadline means there is automatically no possible remedy—or that a delayed appeal will automatically be granted.
Learn more about appeal deadlines and how long you have to file an appeal.
Does appealing my sentence automatically stop my prison sentence?
No. Filing an appeal does not automatically mean that a defendant will be released from custody or that execution of the sentence will stop.
If I win my sentence appeal, will my conviction disappear?
Not necessarily. A sentencing appeal commonly seeks resentencing, while a conviction appeal seeks relief from the conviction itself.
Do I need an appellate attorney?
You are not necessarily required to retain private appellate counsel, but sentencing appeals involve technical procedural rules, standards of review, preservation requirements, and complex Michigan sentencing law. Having an attorney experienced in criminal appeals can be particularly important when significant prison time is at stake.
What makes a strong appellate attorney?
The Bottom Line: Yes, You May Be Able to Appeal Your Michigan Criminal Sentence
Can I appeal a Michigan criminal sentence? Yes.
Michigan law provides meaningful appellate review of criminal sentences.
The Michigan Supreme Court’s decisions in Lockridge, Steanhouse, and Posey are particularly important because they establish that Michigan sentencing guidelines are advisory and that criminal sentences—including within-guidelines sentences—can be reviewed for reasonableness and proportionality.
But a sentencing appeal is not simply an argument that a sentence feels unfair.
A strong Michigan criminal sentence appeal identifies a specific legal or constitutional problem and connects that problem to the actual record.
That means examining the:
- sentencing transcript;
- sentencing guidelines;
- presentence investigation report;
- sentencing objections;
- prosecutor’s arguments;
- defense arguments;
- judge’s reasoning;
- applicable Michigan statutes;
- Michigan Court Rules; and
- controlling Michigan appellate decisions.
And because appellate deadlines can be short, the sooner a potential sentencing appeal is evaluated, the better.
Talk to a Michigan Criminal Appellate Attorney
If you or someone you care about has received a Michigan criminal sentence that appears excessive, disproportionate, improperly calculated, based on inaccurate information, or otherwise legally questionable, do not assume that the sentence cannot be challenged simply because the judge has already imposed it.
At Czarnecki & Taylor PLLC, criminal appeals are approached as appellate matters—not simply as extensions of trial-level criminal defense. Czarnecki & Taylor Michigan Criminal Appeal Lawyers.
James Czarnecki has substantial experience analyzing criminal records, identifying legal errors, preparing appellate arguments, and advocating before Michigan’s appellate courts. The firm can examine the judgment, sentencing transcript, guidelines, trial record, and procedural history to determine whether a viable sentencing issue exists and what appellate procedure may apply.
A sentencing appeal can involve substantial prison time and significant legal consequences. The difference between a general complaint about a sentence and a legally supportable appellate issue can be critical.
If you believe your Michigan criminal sentence is unfair or legally improper, contact Czarnecki & Taylor PLLC for an evaluation of your potential Michigan criminal sentence appeal. Call us at (586) 718-2345.
The first step is determining whether there is a legal basis to challenge the sentence—and making sure the opportunity to appeal is not lost because of a missed deadline.
Use the button below to send us an email for a free consultation.