PEOPLE v. ROSEBERRY

Docket No. 115184, Calendar No. 10.

641 N.W.2d 558 (2002)

465 Mich. 713

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Robert James ROSEBERRY, Defendant-Appellant.

Supreme Court of Michigan.

Decided April 9, 2002.


Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, David L. Morse, Prosecuting Attorney, and William J. Vailliencourt, Jr., Assistant Prosecuting Attorney, Howell, for the people.

State Appellate Defender (by Sherrie P. Guess), Lansing, for the defendant-appellant.


TAYLOR, J.

Defendant pleaded guilty to OUIL-3d, as a third-felony habitual offender. After being sentenced on the OUIL-3d conviction, defendant moved to set aside the conviction on the ground that his two earlier OUIL convictions were invalid because he was not afforded counsel in connection with them. The circuit court denied the motion, and the Court of Appeals denied defendant's application for leave to appeal. We affirm, because such an untimely collateral attack...

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