People v. Radofski

The prosecutor appeals from the trial court’s dismissal of the supplemental information charging defendant with being a third-felony habitual offender, MCL 769.11; MSA 28.1083. We reverse.

Defendant was originally charged with assault with intent to inflict great bodily harm less than murder, MCL 750.84; MSA 28.279.1 He was convicted by a jury of felonious assault, MCL 750.82; MSA 28.277. The trial court then discharged the jury without objection from either party.

Fifty-four days later, defendant filed a motion to dismiss the habitual offender supplemental information, arguing that trial of…