COA: 204155, Shiawassee CC: 96-007655-FH
On order of the Court, the application for leave to appeal from the April 20, 1999 decision of the Court of Appeals is considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND this case to the trial court. On remand, the defendant's sentence, as a fourth habitual offender, shall be VACATED and the defendant resentenced because the prosecutor has not proven that the notice of sentence enhancement was served on defendant within 21 days after the defendant was arraigned. In all other respects, the application for leave to appeal is DENIED.
We do not retain jurisdiction.