Order Michigan Supreme Court
Lansing, Michigan
December 26, 2013 Robert P. Young, Jr.,
Chief Justice
145477 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano,
Plaintiff-Appellee, Justices
v SC: 145477
COA: 304273
Monroe CC: 06-035599-FH
ALFONZO ANTWON JOHNSON,
Defendant-Appellant.
_________________________________________/
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.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
December 26, 2013
t1223
Clerk