The Michigan Supreme Court recently granted oral argument in People v Straughter, Case No. 156198 to determine whether it should grant the application for leave to appeal or take other action. In Straughter, the Court of Appeals considered whether the prosecutor had complied with the statutory requirement to give notice of an intent to seek an enhanced sentence based on the defendant’s status as a habitual offender. MCL 769.13(2) requires that in order to do so, the prosecuting attorney must give the court and defendant written notice within 21 days, and “shall file a written proof of service [of that notice] with the clerk of the court.” Finding that the trial court record did not contain a written proof of service, the Court of Appeals remanded the defendant for resentencing without the habitual offender enhancement.
The Supreme Court will hear argument on:
