People v. Kanouse

In our original opinion in this case, 131 Mich App 363; 346 NW2d 101 (1984), we affirmed defendant’s convictions of driving under the influence of liquor (DUIL), third offense, MCL 257.625; MSA 9.2325, and resisting arrest, MCL 750.479; MSA 28.747. We granted defendant’s application for rehearing to clarify our position regarding who has the burden of proof in a situation, such as defendant’s, where a prior DUIL conviction is challenged as invalid for sentence enhance ment purposes because the defendant was. not informed of his right to appointed counsel if indigent.

We hold that it is the…