People v. Eason

I agree with the majority that the Legislature did not intend defendant’s status as a second offender under subsection (2) of § 7413 of the controlled substances act, MCL 333.7413(2); MSA 14.15(7413)(2), to be separately charged and proven. I also agree that neither the federal nor the state constitutional guarantees of due process1 require that defendant’s prior conviction be treated as a new crime that must be separately charged and proven at a separate trial.

However, I do not join the lead opinion’s suggestion that no additional procedural protections are required under the Due Process…