Opinion
No. 139658.
October 15, 2010.
Court of Appeals No. 292223.
Summary Disposition.
Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we vacate the sentence of the St. Clair Circuit Court, and we remand this case to that court and direct that court either to grant the defendant the opportunity to withdraw his plea or to resentence the defendant, on the maximum term only, to a 30-year maximum, for the reason that the defendant was misinformed at his plea hearing that his maximum possible sentence was 30 years, and the prosecution concedes that resentencing the defendant to a maximum of 30 years is an appropriate remedy. See People v. Turski, 436 Mich. 878 (1990) ("A trial court, when sentencing a defendant as an habitual offender, must exercise its discretion in setting the maximum sentence, that is, it is not required by law to increase the maximum sentence."). In all other respects, leave to appeal is denied, because we are not persuaded that the remaining question presented should be reviewed by this Court.