Summary
In People v Siterlet, 495 Mich 919 (2013) (Siterlet II), citing People v Carter, 462 Mich 206, 220; 612 NW2d 144 (2000), our Supreme Court affirmed the result reached by this Court in Siterlet I "because the defendant waived any error in the untimely amendment of the habitual offender enhancement notice by repeatedly admitting his status as a fourth habitual offender.
Summary of this case from People v. SmithOpinion
Docket No. 146713. COA No. 308080.
2013-12-26
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Kris Edward SITERLET, Defendant–Appellant.
Prior report: 299 Mich.App. 180, 829 N.W.2d 285.
Order
On November 6, 2013, this Court heard oral argument on the application for leave to appeal the December 27, 2012 judgment of the Court of Appeals. On order of the Court, the application is again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we AFFIRM the result reached by the Court of Appeals because the defendant waived any error in the untimely amendment of the habitual offender enhancement notice by repeatedly admitting his status as a fourth habitual offender. This waiver extinguished any error. People v. Carter, 462 Mich. 206, 220, 612 N.W.2d 144 (2000). We thus VACATE that part of the Court of Appeals judgment addressing plain error, because it was unnecessary to decide the case.