Opinion
SC: 161117 COA: 351892
12-23-2020
Order
By order of September 8, 2020, the prosecuting attorney was directed to answer the application for leave to appeal the February 18, 2020 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Macomb Circuit Court to allow the defendant the opportunity to either withdraw or reaffirm his no contest plea. As the prosecution concedes, the trial court failed to give advice about "any mandatory minimum sentence required by law[.]" MCR 6.302(B)(2). "[A] failure to impart the information required by MCR 6.302(B)(2) continues to require reversal." People v. Brown , 492 Mich. 684, 697, 822 N.W.2d 208 (2012), citing In re Guilty Plea Cases , 395 Mich. 96, 118, 235 N.W.2d 132 (1975).
We do not retain jurisdiction.