Opinion
No. 115263 (45)(46)(51)(52)(54).
September 19, 2000.
COA: 207163, Michigan, Clinton CC: 97-006274-FH.
On April 18, 2000, we ordered the prosecutor to respond to defendant's application for leave to appeal with particular attention to whether defendant was properly sentenced as an habitual offender, fourth degree. The prosecutor's response to the order having been filed, the delayed application for leave to appeal is again considered, and it is DENIED, because we are not persuaded the questions presented should be reviewed by this Court. The motions for evidentiary hearings and for transcripts are also considered and they are DENIED. The motion for newly discovered evidence is also considered and it is DENIED.
Kelly, J., would remand this case to the trial court for an evidentiary hearing.