People v. Haker

Should defendant be permitted to withdraw his guilty plea after sentencing because a conviction used as a predicate offense was constitutionally infirm due to the lack of counsel?

This issue of first impression arises on the following facts.

Defendant was not represented by an attorney in proceedings pertaining to his September 5, 1984, misdemeanor conviction for operating a vehicle while under the influence of alcohol (ouil), second offense. MCL 257.625(5); MSA 9.2325(5). Subsequently, on December 9, 1985, defendant pled guilty to a felony charge of ouil, third offense, MCL 257.625(6); MSA…