People v. Fish

Michigan Court of Appeals

People v. Fish

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

Michigan Court of Appeals·Decided December 20, 1996·No. Docket No. 194868·Published·Cited by 1 cases

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] operating 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.

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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] operating 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.

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

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Opinion

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