People v. Van Auker

After Remand

Before: Bronson, P.J., and Cynar and Shepherd, JJ. Per Curiam.

Defendant appeals as of right from his plea-based conviction as a third-time habitual offender, MCL 769.11; MSA 28.1083. Both claims of error raised by defendant here relate to sentencing.

Defendant was first convicted on January 23, 1979, of assault with intent to do great bodily harm less than murder, MCL 750.84; MSA 28.279, and of being a fourth-time felony offender, MCL 769.12; MSA 28.1084. Defendant’s flat ten-year sentence was amended by order of this Court on *397April 30, 1981, to a term of from six years and eight…