Opinion
99-05.
October 3, 2000.
On order of the Court, notice of the proposed changes and an opportunity for comment in writing and at a public hearing having been provided, and consideration having been given to the comments received, the following amendments of Rule 6.112 of the Michigan Court Rules are adopted, to be effective immediately.
[The present language is amended as indicated below.]
Rule 6.112 The Information or Indictment
(A) — (B) [Unchanged.]
(C) Time of Filing Information or Indictment . The prosecutor must file the information on or before the date set for the arraignment. A supplemental information charging the defendant with being an habitual offender may not be filed more than 14 days after the defendant is arraigned or has waived arraignment on the information charging the underlying felony, or after trial has begun if the defendant is tried within the 14-day period.
(D) — (E) [Unchanged.]
(F) Notice of Intent to Seek Enhanced Sentence . A notice of intent to seek an enhanced sentence pursuant to MCL 769.13; MSA 28.1085 must list the prior convictions that may be relied upon for purposes of sentence enhancement. The notice must be filed within 21 days after the defendant is arraigned or has waived arraignment on the information charging the underlying felony, or before trial begins, if the defendant is tried within the 21-day period.
( F G ) Harmless Error. Absent a timely objection and a showing of prejudice, a court may not dismiss an information or reverse a conviction because of an untimely filing (except of an habitual offender information) or because of an incorrectly cited statute or a variance between the information and proof regarding time, place, the manner in which the offense was committed, or other factual detail relating to the alleged offense. This provision does not apply to the untimely filing of a notice of intent to seek an enhanced sentence.
( G H ) [Re-lettered, but otherwise unchanged.]
Staff Comment: The October 3, 2000, amendment of MCR 6.112 made the court rule consistent with MCL 769.13; MSA 28.1085.
The staff comment is published only for the benefit of the bench and bar and is not an authoritative construction by the Court.