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156198 - People v Alphonso L Straughter, Jr

The People of the State of Michigan,

 

Margaret Gillis Ayalp

 

Plaintiff-Appellant,

 

v

(Appeal from Ct of Appeals)

 

 

(Wayne – Glendening, A.)

 

Alphonso L. Straughter, Jr.,

 

Christine A. Pagac

 

Defendant-Appellee.

 

Summary

A jury convicted defendant of several felonies arising from his part in the robbery of a man whom his girlfriend had befriended. The trial court sentenced defendant as a habitual offender to serve enhanced prison terms on each count. On appeal, the Court of Appeals affirmed defendant’s convictions but remanded for resentencing because the prosecution had failed to file a proof of service for the habitual offender notice, rendering the notice void. The Supreme Court has directed oral argument on the prosecutor’s application for leave to appeal to address: (1) whether the harmless error tests articulated in MCR 2.613 and MCL 769.26 apply to violations of the habitual offender notice requirements in MCL 769.13, compare People v Cobley, 463 Mich 893 (2000), with People v Johnson, 495 Mich 919 (2013); (2) whether the prosecutor may establish that a defendant received a habitual offender notice at any time before the 21-day time limit in MCL 769.13 by any means other than a proof of service; and (3) whether providing a habitual offender notice 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.​