People v. Walters

Defendant was convicted by a jury of receiving and concealing stolen property valued over $100, MCL 750.535; MSA 28.803. Immediately after defendant’s conviction, the prosecutor sought to commence proceedings charging defendant as an habitual criminal, third offense, MCL 769.11; MSA 28.1083. Pursuant to a motion by defendant, the trial court refused to allow the prosecutor to proceed on the supplemental information since the defendant had not yet been arraigned. The trial court dismissed the defendant’s habitual criminal charge and discharged the jury. The prosecutor appeals as of right the…