Opinion
No. 106014.
June 18, 1996.
Summary Dispositions June 18, 1996:
In lieu of granting leave to appeal, the decision of the Court of Appeals is modified in the following respect. MCR 7.302(F)(1). The case is remanded to the Recorder's Court for an evidentiary hearing and appropriate order on the issue whether the people filed written notice of intent to proceed against the defendant as an habitual offender, as required by MCL 769.13; MSA 28.1085, as amended by 1994 PA 110. The Supreme Court finds some record support for the people's contention to justify such a remand, including language in the presentence report indicating that notice of intent to proceed against the defendant as an habitual offender was filed; the defendant-appellee's concession in a supplement to the motion to remand filed in the Court of Appeals that the people had apparently given trial counsel for the defendant notice of intent to seek enhanced sentence; and the defense counsel's statement at the guilty plea proceeding on the underlying offense that the defendant "also [was] pleading guilty to a Habitual." In addition, the defendant at the plea proceeding admitted to having at least three prior felonies, and the court sentenced the defendant as an habitual offender. At the evidentiary hearing in Recorder's Court on remand, the court is to decide those challenges to offense variable scoring and inaccurate sentence information raised by the defendant but not addressed in the Court of Appeals opinion. Jurisdiction is not retained.
Court of Appeals No. 182230.