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PEOPLE v. GARDNER

Docket No. 131942.

753 N.W.2d 78 (2008)

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Caprese D. GARDNER, Defendant-Appellant.

Supreme Court of Michigan.

July 23, 2008.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Kym L. Worthy, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Olga Agnello, Assistant Prosecuting Attorney, for the people.

Arthur James Rubiner and Caprese D. Gardner, in propria persona, West Bloomfield, for the defendant.

Jacqueline J. McCann, Detroit, for the Criminal Defense Attorneys of Michigan.

MAURA D. CORRIGAN, J.

In this case, we consider the correct method for counting prior felonies under Michigan's habitual offender statutes, MCL 769.10, 769.11, 769.12, and 769.13. These statutes establish escalating penalties for offenders who are repeatedly convicted of felonies. This Court has ruled that the statutes imply that each predicate felony must arise from separate criminal incidents. People v. Preuss, 436 Mich. 714

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