People v. Bewersdorf

Defendant pled guilty to operating a motor vehicle while under the influence of intoxicating liquor, third offense (ouil-3), MCL 257.625(6); MSA 9.2325(6), and to being an habitual offender, second offense, MCL 769.10; MSA 28.1082. Defendant was sentenced to one year in the county jail on the underlying ouil offense. The trial court then vacated that sentence and imposed an identical sentence of one year in the county jail on the habitual-offender conviction. Defendant appeals as of right. We affirm the ouil conviction but vacate the habitual-offender conviction and sentence.

Defendant first…