People v. Stewart

ON REHEARING

Before: Cavanagh, P.J., and Wahls and G. W. Crockett, III, * JJ. Per Curiam.

Defendant was convicted in two separate jury trials presided over by the same judge of manslaughter with a motor vehicle, MCL 750.321; MSA 28.553, and of being an habitual offender, third offense, MCL 769.11; MSA 28.1083. He was sentenced as an habitual offender to fifteen to thirty years’ imprisonment. Defendant appeals from his conviction and sentence. We are constrained by Administrative Order No. 1994-4 to reverse and remand for a new trial.

In the early morning hours of July 24, 1990, the vehicle in…