People v. Fish

Michigan Court of Appeals

People v. Fish

560 N.W.2d 76, 220 Mich. App. 569

CourtMichigan Court of Appeals

DecidedDecember 20, 1996

DocketDocket No. 194868

StatusPublished

Cited by1 cases

This text of 560 N.W.2d 76 (People v. Fish) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Fish, 560 N.W.2d 76, 220 Mich. App. 569 (Mich. Ct. App. 1996).

Pincite

Opinion

Per Curiam.

This case has been remanded to this Court a second time, with instructions to reconsider our prior opinion in light of People v Weatherholt, 214 Mich App 507; 543 NW2d 34 (1995). 451 Mich 891 (1996). The facts and issues axe set out in our previous decision, People v Fish (On Remand), 207 Mich App 486; 525 NW2d 467 (1994).

The issues in this case have been resolved by this Court’s opinion in Weatherholt, supra, where a special conflict panel held that conviction of the felony, [571]*571operating a motor vehicle while under the influence of liquor, third offense, is a mere sentence enhancement of the underlying OUIL misdemeanor conviction. MCL 257.625(6)(d); MSA 9.2325(6)(d). See now subsection 7 of § 625. This panel is bound by that decision.

The circuit court order reinstating the ouil-3 charge is affirmed. This matter is remanded for proceedings consistent with this opinion and Weatherholt, supra. We do not retain jurisdiction.

Free access — add to your briefcase to read the full text and ask questions with AI

Per Curiam.

This case has been remanded to this Court a second time, with instructions to reconsider our prior opinion in light of People v Weatherholt, 214 Mich App 507; 543 NW2d 34 (1995). 451 Mich 891 (1996). The facts and issues axe set out in our previous decision, People v Fish (On Remand), 207 Mich App 486; 525 NW2d 467 (1994).

The issues in this case have been resolved by this Court’s opinion in Weatherholt, supra, where a special conflict panel held that conviction of the felony, [571]*571operating a motor vehicle while under the influence of liquor, third offense, is a mere sentence enhancement of the underlying OUIL misdemeanor conviction. MCL 257.625(6)(d); MSA 9.2325(6)(d). See now subsection 7 of § 625. This panel is bound by that decision.

The circuit court order reinstating the ouil-3 charge is affirmed. This matter is remanded for proceedings consistent with this opinion and Weatherholt, supra. We do not retain jurisdiction.

Cite This Page — Counsel Stack

Bluebook (online)

560 N.W.2d 76, 220 Mich. App. 569, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-fish-michctapp-1996.

Opinion

Related

Cite This Page — Counsel Stack