People v. Bonoite

Defendant contends that the prosecutor brought the habitual offender charge too late in view of People v Fountain, 407 Mich 96; 282 NW2d 168 (1979). I agree and would reverse.

The Court of Appeals is split on the correct interpretation of Fountain. People v Mallory, 111 Mich App 629; 314 NW2d 716 (1981), People v Mohead, 98 Mich App 612; 295 NW2d 910 (1980).

I conclude that generally the prosecutor must file the habitual offender information simultaneously with the original information according to Fountain.