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PEOPLE v. HAKER

Docket No. 91997.

158 Mich. App. 570 (1987)

405 N.W.2d 204

PEOPLE v. HAKER

Michigan Court of Appeals.

Decided March 17, 1987.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Jon W. Newman, Prosecuting Attorney, and Charles D. Sherman, Assistant Prosecuting Attorney, for the people.

Donald L. Correll, for defendant.

Before: D.E. HOLBROOK, JR., P.J., and ALLEN and P.J. CLULO, JJ.

ALLEN, J.

Should defendant be permitted to withdraw his guilty plea after sentencing because a conviction used as a predicate offense was constitutionally infirm due to the lack of counsel?

This issue of first impression arises on the following facts.

Defendant was not represented by an attorney in proceedings pertaining to his September 5, 1984, misdemeanor conviction for operating a vehicle while under...

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