People v. Fountain

Is it permissible to enhance sentence under the habitual offenders act1 if the prosecutor has reliable information pertaining to a person’s prior felony record before trial but does not charge the person as an habitual offender until after conviction is entered on the current felony charge?

*98Alvin Fountain was convicted of carrying a concealed weapon in Recorder’s Court of Detroit on September 23, 1975, and sentenced on September 30, 1975 to three to five years in prison. After Fountain filed a claim of appeal the Wayne County prosecutor filed a supplemental information charging him as a fourth…