Opinion
No. 128610.
January 10, 2006.
SC: 128610, COA: 250776, Muskegon CC: 02-048013-FH.
AMENDMENT TO ORDER
On order of the Court, the order of December 8, 2005 is amended to correct a clerical error by amending the text of the third paragraph thereof to read as follows:
"The trial court used the double-penalty provision of the Public Health Code, MCL 333.7413(2), to convert the misdemeanor into a felony. The sentence enhancement statutes do not create new offenses; they merely authorize trial courts to increase the length of time that a defendant must serve. People v. Eason, 435 Mich 228, 246-249 (1990). The statute that authorizes trial courts to impose consecutive sentences for "another felony," MCL 333.7401(3), does not govern this case.