Current through Public Act 171 of the 2024 Legislative Session
Section 324.82130 - Enhanced sentence; listing of prior convictions; attempted violation(1) If the prosecuting attorney intends to seek an enhanced sentence under section 82128, 82129, 82129a, or 82129b based upon the defendant having 1 or more prior convictions, the prosecuting attorney shall include on the complaint and information filed in district court, circuit court, recorder's court, municipal court, or probate court a statement listing the defendant's prior convictions.(2) A prior conviction shall be established at sentencing by 1 or more of the following: (a) An abstract of conviction.(b) An admission by the defendant.(3) A person who is convicted of an attempted violation of section 82127(1) or (3) or a local ordinance substantially corresponding to section 82127(1) or (3) shall be punished as if the offense had been completed.(4) When issuing an order under this part, the secretary of state and the court shall treat a conviction of an attempted violation of section 82127(1) or (3), former section 15a(1) or (3) of 1968 PA 74, a local ordinance substantially corresponding to section 82127(1) or (3), a law of another state substantially corresponding to section 82127(1) or (3), or a law of the United States substantially corresponding to section 82127(1) or (3) the same as if the offense had been completed.Amended by 2014, Act 404,s 7, eff. 3/31/2015.Add. 1995, Act 58, Imd. Eff. 5/24/1995.