Opinion
357629
10-28-2021
People of Michigan v. Ramirez Demarco Dewberry
LC No. 15-000848-01-FC
Kirsten Frank Kelly, Christopher M. Murray Judges
ORDER
THOMAS C. CAMERON PRESIDING JUDGE
The "motion for reconsideration" is DENIED AS MOOT. Defendant seeks reconsideration of an order dismissing this appeal for failure to cure defects. However, no such order was entered, and thus, there is no order to reconsider.
Pursuant to MCR 7.205(E)(2), in lieu of granting the delayed application, the trial court's October 21, 2020 order is VACATED, and the matter is REMANDED for further proceedings consistent with this order. The trial court erred by recasting defendant's motion, which was filed pursuant to Subchapter 6.500 of the Court Rules, as a motion to withdraw a plea under MCR 6.310. The trial court should have considered whether defendant was entitled to relief from judgment under MCR 6.508(D). The trial court also erred by determining that defendant abandoned his claim that the trial court coerced him into pleading guilty. Defendant's motion clearly articulated the portion of the June 11, 2015 competency hearing where the trial court commented regarding what sentencing possibilities defendant could expect if he elected to plead guilty, and what he could expect were he convicted at trial. Similar comments were made at a July 17, 2015 hearing, and then again at the July 28, 2015 plea hearing. Cf. People v Cobbs, 443 Mich. 276, 283; 505 N.W.2d 208 (1993) ("To avoid the potential for coercion, a judge must not state or imply alternative sentencing possibilities on the basis of future procedural choices, such as an exercise of the defendant's right to trial by jury or by the court").
In light of the above, the trial court is directed to appoint counsel for defendant pursuant to MCR 6.505(A), who shall then be provided 56 days to amend or supplement the motion, MCR 6.505(B). The trial court shall then reconsider the motion and determine whether defendant is entitled to relief under MCR 6.508(D).
A copy of this order shall be transmitted to Third Judicial Circuit Court Criminal Division Presiding Judge Prentis Edwards, Jr., and to Richard Josephs, Manager of Court Reporting Services.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.
Kelly, K. F., J., would grant the delayed application for leave to appeal.