People v. Bewersdorf

While I agree with the majority that defendant is not entitled to withdraw his guilty plea, I respectfully dissent from the majority’s conclusion that defendant’s habitual-offender conviction is invalid.

I disagree with the majority’s conclusion that defendant could not have been convicted as a habitual offender and that the habitual-offender provisions do not apply where the underlying conviction is for ouil-3. While the decision in People v Tucker, 177 Mich App 174; 441 NW2d 59 (1989), raises many valid considerations, I respectfully disagree with my colleagues in the majority that that case…