Opinion
No. 132692.
May 18, 2007.
Court of Appeals No. 264605.
Leave to Appeal Denied.
I agree with Court of Appeals Judge WHITBECK that defendant's sentence should be set aside and the case remanded for resentencing. Defendant showed plain error. He should not have been sentenced as an habitual offender without the prosecution confirming that his convictions in Ohio were for offenses that would have been felonies under Michigan law. This plain error undermined the fairness and integrity of the judicial proceeding. People v Carines, 460 Mich 750, 774 (1999).