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PEOPLE v. SAM

Docket No. 136756. COA No. 285016.

769 N.W.2d 227 (2008)

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Martin J. SAM, Defendant-Appellant.

Supreme Court of Michigan.

November 26, 2008.

Order

On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the May 27, 2008 order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we VACATE the defendant's plea-based conviction of operating a motor vehicle while under the influence of intoxicating liquor-third offense (OUIL 3rd), MCL 257.625(1), (9)(c), because the prosecution concedes that it could...

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