People v. Justice

{concurring). I concur with the majority’s conclusion that consideration of the prior conviction does not offend the Sixth Amendment of the United States Constitution. However, I disagree with the holdings in People v Richert (After Remand), 216 Mich App 186; _ NW2d _ (1996), and the holding of the majority herein, that such consideration does not run afoul of Const 1963, art 1, § 20. Therefore, I concur only because I am required to do so by Administrative Order No. 1996-4.

The Sixth Amendment of the United States Constitution provides, in relevant part, that “[i]n all criminal prosecutions,…