Order Michigan Supreme Court
Lansing, Michigan
December 26, 2013 Robert P. Young, Jr.,
Chief Justice
146713 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: 146713
COA: 308080
Clare CC: 10-004061-FH
KRIS EDWARD SITERLET,
Defendant-Appellant.
_________________________________________/
On November 6, 2013, this Court heard oral argument on the application for leave
to appeal the December 27, 2012 judgment of the Court of Appeals. On order of the
Court, the application is again considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we AFFIRM the result reached by the Court of Appeals because
the defendant waived any error in the untimely amendment of the habitual offender
enhancement notice by repeatedly admitting his status as a fourth habitual offender. This
waiver extinguished any error. People v Carter, 462 Mich 206, 220 (2000). We thus
VACATE that part of the Court of Appeals judgment addressing plain error, because it
was unnecessary to decide the case.
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