In re People v. Huckabay

Summary

The court held that an out-of-custody defendant charged with felony DUI is entitled to a preliminary hearing because the offense is a class four felony carrying mandatory sentencing. The court interpreted mandatory sentencing to include any incarceration required by law, whether in the Department of Corrections or county jail. It exercised original jurisdiction because the preliminary-hearing issue would become moot after trial, was an issue of first impression, and was likely to recur.