PEOPLE v. EWING

Docket No. 84137, (Calendar No. 4).

435 Mich. 443 (1990)

458 N.W.2d 880

PEOPLE v. EWING

Supreme Court of Michigan.

Decided August 14, 1990.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Joseph S. Filip, Prosecuting Attorney, and Jerrold Schrotenboer, Chief Appellate Attorney, for the people.

State Appellate Defender (by Sheila N. Robertson) for the defendant.


AFTER REMAND

BRICKLEY, J.

I am unable to agree entirely with the analysis adopted in the opinions of either Justice BOYLE or Justice ARCHER. I believe that the trial judge was entitled to base his sentence not only on the defendant's prior conviction, but also on testimony concerning the underlying facts of the prior conviction, a pending charge, and an uncharged offense. The defendant, however, was denied his right to test the accuracy of these allegations...

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