YOUNG, C.J. (concurring.)

Even assuming, without deciding, that an attorney renders ineffective assistance of counsel where he fails to advise his client that the client will be required to register under the Sex Offenders Registration Act (SORA) if he pleads guilty, see People v Fonville, ___ Mich App ___ (Docket No. 294554, issued January 25, 2011), defendant in this case cannot demonstrate prejudice necessary to accord relief. See Strickland v Washington, 466 US 668 (1984); People v Carbin, 463 Mich 590 (2001). As the Berrein Circuit Court determined at a hearing conducted pursuant to People v Ginther, 390 Mich 436 (1973), even though defense counsel advised defendant that counsel was un-aware whether defendant would have to register as a sex offender if he pleaded guilty to two counts of possessing child sexually abusive material and one count of using a computer to commit the crime, defendant nevertheless pleaded guilty with the actual knowledge that he might have to register as a sex offender. Because, by his own admission, defendant agreed to plead guilty with the knowledge that SORA registration might be required, he cannot demonstrate a reasonable probability that the result of the proceeding would have been different even if counsel had informed him of the mandatory SORA registration requirements.

MARKMAN and MARY BETH KELLY, JJ., joined the statement of YOUNG, C.J.

MARILYN KELLY, J., would remand this case to the trial court for reconsideration in light of People v Fonville, ___ Mich App ___ (Docket No. 294554, January 25, 2011).

ZAHRA, J., did not participate because he was on the Court of Appeals panel.