Opinion
366189
10-19-2023
People of Michigan v. Donterrio Dalown Allen
LC No. 2021-047799-FH
Sima G. Patel Presiding Judge Kathleen Jansen Colleen A. O'Brien Judges
ORDER
The motion to withdraw is DENIED for reasons that the appeal is not wholly frivolous. Counsel for defendant-appellant shall have 35 days from the Clerk's certification of this order within which to file a brief in support of the application for leave to appeal addressing the following:
(1) whether the trial court violated MCR 6.429(A) by entering an amended judgment of sentence on January 1, 2023, modifying defendant's sentences to provide that the sentences in 2021-047799-FH would run consecutive to those in 2021-047692-FH, and whether such error was harmless, see People v Pendergrass,___ Mich. App___;___ N.W.2d___ (2023) (Docket No. 362218); (2) whether, if the sentences in 2021-047799-FH were invalid and defendant cannot be sentenced in accordance with the parties' agreement, defendant should be afforded an opportunity to withdraw his plea to all charges in all four cases, see People v Killebrew, 416 Mich. 189, 209-210; 330 N.W.2d 834 (1982); People v Blanton, 317 Mich.App. 107, 125-126; 894 N.W.2d 613 (2016); (3) whether the order of nolle prosequi entered on December 20, 2022 was valid and, if so, whether the trial court erred by entering the amended judgment of sentence on January 1, 2023 with respect to the conviction for delivery of cocaine, MCL 333.7401(2)(a)(iv), when the order of nolle prosequi dismissed that charge; and (4) whether the trial court erred by sentencing defendant on a count of unarmed robbery, MCL 750.530, when defendant pleaded no contest to assault with intent to rob while armed, MCL 750.89.