People v. Newson

AFTER REMAND

Before: Shepherd, P.J., and Gillis and Cav-ANAGH, JJ. Cavanagh, J.

Following a bench trial, defendant was convicted of extortion, MCL 750.213; MSA 28.410, and of being a third-time felony offender, MCL 769.11; MSA 28.1083. He was sentenced to from twenty-six years and eight months to forty years in prison. He appealed as of right, and this Court reversed his habitual offender conviction because he had not waived his right to a jury trial on that charge. People v Newson, 173 Mich App 160; 433 NW2d 386 (1988). This Court further held that he was improperly charged as a third-time…