Opinion
SC 163700 COA 354221
04-01-2022
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. CANDACE RENEE GUYTON, Defendant-Appellant.
Kent CC: 19-001492-FC
Bridget M. McCormack, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh Elizabeth M. Welch, Justices
ORDER
On order of the Court, the application for leave to appeal the September 2, 2021 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1).
The appellant shall file a supplemental brief within 42 days of the date of this order addressing whether the appellant's plea was not understanding, accurate and voluntary because the prosecutor misinformed her that by pleading guilty she would not be prosecuted as a third habitual offender when, in fact, she could only have been prosecuted as a second habitual offender. In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellee shall file a supplemental brief within 21 days of being served with the appellant's brief. A reply, if any, must be filed by the appellant within 14 days of being served with the appellee's brief. The parties should not submit mere restatements of their application papers.
The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issue presented in this case may move the Court for permission to file briefs amicus curiae.