PEOPLE v. STRATTON

Docket No. 80893.

148 Mich. App. 70 (1985)

384 N.W.2d 83

PEOPLE v. STRATTON

Michigan Court of Appeals.

Decided December 17, 1985.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Judy H. Hughes, Prosecuting Attorney, and Dale A. Crowley, Chief Assistant Prosecuting Attorney, for the people.

James H. Fisher, for defendant on appeal.

Before: WAHLS, P.J., and ALLEN and J.C. RAVITZ, JJ.


PER CURIAM.

Defendant was convicted of operating a motor vehicle while under the influence of intoxicating liquor, third offense, MCL 257.625; MSA 9.2325. For his sentence, defendant received three years' probation with the first year to be spent in jail subject to work release. Defendant's motion for new trial was denied and he appeals as of right. We reverse.

I

Defendant first challenges the enhancement of his conviction for OUIL from a misdemeanor...

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