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150119 - People v Fateen Muhammad

The People of the State of Michigan,
 
Joseph B. Finnerty
 
Plaintiff-Appellee,
 
v
(Appeal from Ct of Appeals)
 
 
(Ingham – Aquilina, R.)
 
Fateen Rohn Muhammad,
 
Joseph D. Curi
 
Defendant-Appellant.
 

Summary

Defendant Fateen Muhammad filed a motion in the circuit court to dismiss the habitual offender notice, arguing that the prosecutor failed to comply with the requirements of MCL 769.13. The circuit court granted the motion to dismiss, but the Court of Appeals reversed, holding that any error was harmless. The Supreme Court directed oral argument on the application to determine whether to grant the application or take other action. The issues to be addressed include: (1) whether the defendant’s acknowledgement that he received a felony complaint that contained a habitual offender notice filed in district court satisfies the requirement set forth in MCL 769.13 that the habitual offender notice be served “within 21 days after the defendant’s arraignment on the information charging the underlying offense or, if arraignment is waived, within 21 days after the filing of the information charging the underlying offense;” and (2) if not, what is the proper application of the harmless error tests articulated in MCR 2.613 and MCL 769.26 to violations of the habitual offender notice requirements set forth in MCL 769.13.