People v. Mills

Defendant was charged in 1987 with operating a motor vehicle while under the influence of intoxicating liquor, third offense, MCL 257.625(6); MSA 9.2325(6), a felony. Following waiver of preliminary examination and bindover, defendant moved to disallow use of a 1985 plea-based ouil conviction to support the third-offense charge. The circuit court granted the motion and remanded to the district court for further proceedings on a misdemeanor charge of ouil second offense. The prosecutor’s interlocutory appeal is now before us on order of the Supreme Court for consideration as on leave granted.…