Wayne County Prosecutor v. Wayne Circuit Judge

The Wayne County Prosecutor seeks superintending control to review the action of Wayne Circuit Judge Theodore R. Bohn on November 20, 1985, when he sentenced Patrick William DeWitt to a three-year probationary term, with twenty weekends to be served in the Wayne County jail, pursuant to DeWitt’s plea-based conviction of ouil, third offense. MCL 257.625(6); MSA 9.2325(6). The prosecutor contends that the sentence is illegal. Pursuant to MCR 7.206(D)(3), we peremptorily vacate the sentence imposed by the circuit court and remand for further proceedings, by means of this per curiam opinion, for…