PEOPLE v. RICHERT

Docket No. 155564.

216 Mich. App. 186 (1996)

PEOPLE v. RICHERT

Michigan Court of Appeals.

Decided April 2, 1996, at 9:15 A.M.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Elwood L. Brown, Prosecuting Attorney, and Peter R. George, Chief Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Kristina Larson Dunne and Jennifer A. Pilette), for the defendant on appeal.

Before: O'CONNELL, P.J., and REILLY and D.E. SHELTON, JJ.


O'CONNELL, P.J.

AFTER REMAND

In this case of first impression, we conclude that a prior plea-based misdemeanor conviction, obtained without benefit of counsel but for which no incarceration was imposed, may be used in a subsequent criminal prosecution for purposes of sentence augmentation.

In 1987, defendant pleaded guilty to the misdemeanor of second-degree retail fraud, MCL 750.356d(1); MSA 28.588(4). Acting without counsel, defendant admitted...

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