Michigan Court of Appeals December 27, 2012, Docket No. 308080 (People v. Siterlet)

PER CURIAM.

Defendant, Kris Edward Siterlet, appeals as of right his conviction following a jury trial of operating a vehicle while visibly impaired, third offense, MCL 257.625(3) and (11)(c).1 At issue is whether the trial court could sentence defendant as a fourth-offense habitual offender, MCL 769.