People v. Sunday

The circuit court vacated defendant’s habitual offender conviction and resentenced him on the underlying conviction. The prosecution appealed as of right. We reverse.

Defendant pled guilty to delivery of more than 50 grams but less than 225 grams of a mixture containing cocaine. MCL 333.7401(2)(a)(iii); MSA 14.15(7401)(2)(a)(iii). He pled guilty, also, to delivery of less than 50 grams of a mixture containing cocaine and to being an habitual offender, second offense. MCL 333.7401(2)(a)(iv); MSA 14.15(7401)(2) (a)(iv), MCL 769.10; MSA 28.1082. He was sentenced to three to thirty years as an…