Opinion
Docket No. 145477. COA No. 304273.
2013-12-26
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Alfonzo Antwon JOHNSON, Defendant–Appellant.
Prior report: Mich.App., 2012 WL 2362438.
Order
On order of the Court, leave to appeal having been granted, and the briefs and oral arguments of the parties having been considered by the Court, we AFFIRM the result reached in the June 21, 2012 judgment of the Court of Appeals. Defendant was given timely notice of his enhancement level and had sufficient prior convictions to support a fourth habitual enhancement. Relief is barred by MCL 769.26 because there was no miscarriage of justice when the trial court allowed the prosecution to amend the notice to correct the convictions or when it sentenced defendant as a fourth habitual offender. In addition, affirming defendant's sentence as a fourth habitual offender is not inconsistent with substantial justice. MCR 2.613(A). With regard to defendant's remaining issues, we are not persuaded that they should be reviewed by this Court.