Opinion
No. 101762.
April 30, 1996.
Summary Dispositions April 30, 1996:
In lieu of granting leave to appeal, the case is remanded to the Genesee Circuit Court for a hearing on whether the defendant should be granted an opportunity to withdraw his plea in light of his claim that, pursuant to his plea agreement, he and his attorney believed that his sentence was to be concurrent with the sentences imposed for his other drug-related convictions. MCR 7.302(F)(1). To be constitutional, a plea must be voluntarily made with knowledge of the consequences. People v Jaworski, 387 Mich. 21, 27 (1972). If the trial court determines that the defendant's plea agreement provided for concurrent sentencing, the defendant should be granted an opportunity to withdraw his guilty plea. If the defendant withdraws his plea, then the prosecution may reinstitute the related drug charge. If the defendant affirms his plea, then he should be resentenced. Jurisdiction is not retained.
Court of Appeals No. 168809.