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PEOPLE v. REICHENBACH

Docket No. 109961, Calendar No. 5.

587 N.W.2d 1 (1998)

459 Mich. 109

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Rex REICHENBACH, Defendant-Appellant.

Supreme Court of Michigan.

Decided December 22, 1998.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, James J. Gregart, Prosecuting Attorney, and Judith B. Ketchum, Assistant Prosecuting Attorney, Kalamazoo, MI, for the people.

Levine & Levine (by Randall S. Levine and Anastase Markou), Kalamazoo, MI for the defendant-appellant.

Michael J. Steinberg, Deborah A. Gutierrez, and Ralph C. Simpson, Detroit, MI, amici curiae for the American Civil Liberties Union Fund of Michigan.

Norman W. Donker, President, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief, Research, Training and Appeals, Detroit, MI, amici curiae, for Prosecuting Attorneys Association of Michigan.

BOYLE, Justice.

We granted leave to consider the portion of MCR 6.610(E)(2) that precludes use of a misdemeanor conviction resulting from defendant's uncounseled guilty plea to enhance the sentence in the case at bar.

Defendant was charged with operating a motor vehicle while under the influence of intoxicating liquor (OUIL) or operating a motor vehicle with an unlawful blood alcohol level (UBAL), third offense (OUIL 3d), pursuant to M.C.L. § 257.625...

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