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PEOPLE v. TUCKER

Docket No. 110080.

177 Mich. App. 174 (1989)

441 N.W.2d 59

PEOPLE v. TUCKER

Michigan Court of Appeals.

Decided May 15, 1989.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis. J. Caruso, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief, Appellate Division, and Margaret G. Horenstein, Assistant Prosecuting Attorney, for the people.

John D. Lazar, for defendant.

Before: MacKENZIE, P.J., and HOOD and GRIBBS, JJ.

HOOD, J.

The prosecutor appeals as of right from the trial court's grant of defendant's motion to set aside 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...

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