People v. Tucker

The prosecutor appeals as of right from the trial court’s grant of defendant’s motion to set asidg his guilty plea to a charge of being an habitual offender, fourth offense. The prosecutor here raises an issue of first impression: Can a conviction of operating a vehicle while under the influence of intoxicating liquor, third offense— which by statute is treated as a felony rather than a misdemeanor—also serve as the underlying felony for an habitual offender charge. We agree with the trial court that it cannot.

Defendant originally pled guilty to ouil, third offense, MCL 257.625(6); MSA…