Michigan Supreme Court, 2007

People v. Lester

People v. Lester
Michigan Supreme Court · Decided May 18, 2007 · Marilyn J. Kelly
731 N.W.2d 92; 478 Mich. 853 (North Western Reporter, Second Series)

People v. Lester

Opinion of the Court

Leave to Appeal Denied.

Dissenting Opinion

I agree with Court of Appeals Judge WHITBECK that defendant's sentence should be set aside and the case remanded for resentencing. Defendant showed plain error. He should not have been sentenced as an habitual offender without the prosecution confirming that his convictions in Ohio were for offenses that would have been felonies under Michigan law. This plain error undermined the fairness and integrity of the judicial proceeding. People v Carines, 460 Mich 750, 774 (1999).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.