People v. Odneal

This is the second time this case comes before us on the basis of sentencing error. We remand for the purpose of resentencing defendant on his habitual offender, fourth offense, conviction.

On November 8, 1984, defendant pled guilty to assaulting a corrections officer, MCL 750.197c; MSA 28.394(3), and habitual offender, fourth offense, MCL 769.12; MSA 28.1084. He was sentenced on December 12, 1984, by the Oakland Circuit Court to a term of from two to four years for the assault conviction, which was vacated upon imposition of a term of from four to fifteen years for the habitual offender…