People v. Holbrook

This is an appeal 1 by the people from the denial of a motion for rehearing upon an order of the trial judge dismissing a supplemental information filed under our so-called "fourth offender” statute. MCLA 769.12; MSA 28.1084; MCLA 769.13; MSA 28.1085.

In an unaccustomed role as appellee the State Appellate Defender’s office mounted a full scale frontal attack on this Court’s opinion in People v Ungurean, 51 Mich App 262; 214 NW2d 873 (1974).

The attack was buttressed by a particularly well documented brief and a vigorous and articulate oral presentation. The people through the Appellate…