Opinion
No. 118767 (17).
March 12, 2002.
COA: 230168, Oakland CC: 99-168106-FH
By order of November 20, 2001, this Court directed the prosecutor to file an answer focusing on the issue of whether the lower court should have set aside the defendant's plea. On order of the Court, the prosecutor's response having been filed, the delayed application for leave to appeal from the January 24, 2001 decision of the Court of Appeals is again considered, and it is DENIED because we are not persuaded that the questions presented should be reviewed by this Court.
Cavanagh and Kelly, JJ., would remand this case to the trial court to permit withdrawal of the plea.