PEOPLE OF MI V GREGORY FRANCIS KESSLER

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED March 25, 1997 Plaintiff-Appellee, v No. 189219 Ingham Circuit Court LC No. 95-068698-FC GREGORY FRANCIS KESSLER, Defendant-Appellant. Before: D.F. Walsh,* P.J., and R.P. Griffin** and W.P. Cynar,* JJ. MEMORANDUM. Defendant pleaded guilty to second-degree criminal sexual conduct, MCL 750.520c; MSA 28.788(3), and habitual offender, second offense, MCL 769.10; MSA 28.1082. He was sentenced to 10 to 22-1/2 years’ imprisonment, and now appeals as of right. We affirm. This case has been decided without oral argument pursuant to MCR 7.214(A). Defendant has waived the issues concerning the 180-day rule, the delay in prosecution, and the prosecution’s failure to file a supplemental habitual-offender charge in the dismissed case by tendering an unconditional plea in the refiled case. MCR 6.301(C); People v Lannom, 441 Mich 490; 490 NW2d 396 (1992); People v Bordash, 208 Mich App 1; 527 NW2d 17 (1994); People v Irwin, 192 Mich App 216; 480 NW2d 611 (1991). See also People v Eaton, 184 Mich App 649, 655; 459 NW2d 86 (1990); People v Rashid, 154 Mich App 762, 770; 398 NW2d 525 (1986). Affirmed. /s/ Daniel F. Walsh /s/ Robert P. Griffin *Former Court of Appeals judges, sitting on the Court of Appeals by assignment pursuant to Administrative Order 1996-10. **Former Supreme Court justice, sitting on the Court of Appeals by assignment pursuant to Administrative Order 1996-10. /s/ Walter P. Cynar -2

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