PEOPLE v. FISH (ON SECOND REMAND)

PER CURIAM.

This case has been remanded to this Court a second time, with instructions to reconsider our prior opinion in light of People v Weatherholt, 214 Mich. App. 507; 543 N.W.2d 34 (1995). 451 Mich. 891 (1996). The facts and issues are set out in our previous decision, People v Fish (On Remand), 207 Mich. App. 486; 525 N.W.2d 467 (1994).

The issues in this case have been resolved by this Court's opinion in Weatherholt, supra, where a special conflict panel held that conviction of the felony, operating a motor vehicle while under the influence of liquor, third offense, is a mere sentence enhancement of the underlying OUIL misdemeanor conviction. MCL 257.625(6)(d); MSA 9.2325(6)(d). See now subsection 7 of § 625. This panel is bound by that decision.

The circuit court order reinstating the OUIL-3 charge is affirmed. This matter is remanded for proceedings consistent with this opinion and Weatherholt, supra. We do not retain jurisdiction.