People v. Stratton

Defendant was convicted of operating a motor vehicle while under the influence of intoxicating liquor, third offense, MCL 257.625; MSA 9.2325. For his sentence, defendant received three years’ probation with the first year to be spent in jail subject to work release. Defendant’s motion for new trial was denied and he appeals as of right. We reverse.

I

Defendant first challenges the enhancement of his conviction for OUIL from a misdemeanor to a felony under the multiple offense provision of MCL 257.625(6); MSA 9.2325(6). Defendant contends that his prior two convictions for OUIL were obtained…