People v. Kanouse

Defendant appeals as of right his jury conviction of driving under the influence of liquor (DUIL), third offense, MCL 257.625; MSA 9.2325, and of resisting arrest, MCL 750.479; MSA 28.747. Defendant’s trial was comprised of two phases, with the jury first determining that defendant was guilty of the charged offenses of DUIL and resisting arrest, and secondly determining that this was defendant’s third DUIL offense in the past ten years. See People v Pipkin, 93 Mich App 817, 820; 287 NW2d 352 (1979). With respect to the first phase, defendant claims that the court erred in denying defense…