v. Vanness

Summary

The court held that Vanness was entitled to demand and receive a preliminary hearing because the combination of the substantive drug charge and special-offender count accused and charged him with a level 1 drug felony. The court rejected a formal distinction between elements and sentence enhancers where the alleged aggravating circumstance changes the felony level. It therefore made the rule to show cause absolute and directed that a preliminary hearing be held on both counts.