People v. Preuss

I concur in the Court’s decision to adhere to the holding in People v Stoudemire, 429 Mich 262, 278; 414 NW2d 693 (1987), that “multiple convictions arising out of a single incident may count as only a single prior conviction for purposes of the [habitual offender] statute.” I dissent from the Court’s decision not to apply in the instant case the rationale stated in Stoudemire.

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Preuss’ first two felony convictions could not have triggered the sentence enhancement provi*740sion of MCL 769.10; MSA 28.1082.1 When Preuss was first sentenced, he could not have been sentenced as a second felony…