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PEOPLE v. NELSON

Docket No. 26297.

73 Mich. App. 395 (1977)

251 N.W.2d 602

PEOPLE v. NELSON

Michigan Court of Appeals.

Decided January 17, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Ward S. Hamlin, Jr., Prosecuting Attorney (Prosecuting Attorneys Appellate Service, Thomas C. Nelson, Assistant Attorney General, of counsel), for the people.

Green & Moon, P.C. (by Barry L. Moon and Ronald L. Haldy), for defendant.

Before: R.B. BURNS, P.J., and D.E. HOLBROOK and T.M. BURNS, JJ.

D.E. HOLBROOK, J.

The instant case presents a sad tale. Defendant herein has been found guilty of driving under the influence of alcohol, MCLA 257.625; MSA 9.2325. He has received the maximum sentence allowable for that offense — five years. In addition, defendant pled guilty to a supplemental information as a second-felony offender pursuant to MCLA 769.10; MSA 28.1082. The prior offense under the habitual offender provision was a

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