State of Michigan v VALENTINE M. JOHNSON
SC No. 87729
Supreme Court of Michigan
435 Mich 880; 459 NW2d 305
August 28, 1990, Entered
Prior case history: COA: 107498; Circuit Court Case No.: 87-005642-FH.
Before: Dorothy Comstock Riley, Chief Justice, Charles L. Levin, James H. Brickley, Michael F. Cavanagh, Patricia J. Boyle, Dennis W. Archer, Robert P. Griffin, Associate Justices.
OPINION
Order
On order of the Court, the application for leave to appeal is considered, and it is GRANTED, limited to the following issues: (1) whether a third or subsequent conviction for violating MCL 257.625; MSA 9.2325 may serve as the current felony for purposes of a second-felony habitual offender charge; (2) whether a third or subsequent conviction for violating MCL 257.625; MSA 9.2325 may serve as a prior felony for purposes of a second-felony habitual offender charge; and (3) whether the answer to either of the first two questions depends on whether the same prior misdemeanor conviction for violating MCL 257.625; MSA 9.2325 is used to enhance to felony status both the prior felony and the current felony.
We further ORDER that this case be argued and submitted to the Court together with the case of People v Bewersdorf (Docket No. 88095), at such future session of the Court as both cases are ready for submission.
In all other respects, leave to appeal is DENIED, because we are not persuaded that the questions presented should now be reviewed by this Court.