Opinion
No. 304798
03-13-2012
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, v. NADIM SHAKOURI HANNA, Defendant-Appellee.
UNPUBLISHED
Oakland Circuit Court
LC No. 1999-168608-FH
Before: OWENS, P.J., and JANSEN and MARKEY, JJ. MEMORANDUM.
The prosecution appeals by leave granted the circuit court's order granting defendant's motion for relief from judgment pursuant to MCR 6.500 et seq., permitting defendant to withdraw his plea, and granting defendant a new trial. We reverse.
Even assuming arguendo that the relief-from-judgment provisions of MCR 6.500 et seq. would otherwise apply in this case, this Court has made clear that the decision of the United States Supreme Court in Padilla v Kentucky, 559 US ___; 130 S Ct 1473; 176 L Ed 2d 284 (2010), does not apply retroactively. People v Gomez, ___ Mich App ___; ___ NW2d ___ (released February 14, 2012; Docket No. 302485). Under our pre-Padilla precedent, defense counsel did not render constitutionally deficient representation by failing to inform defendant of the potential immigration consequences of his plea. Id., slip op at 4; see also People v Davidovich, 463 Mich 446, 453; 618 NW2d 579 (2000). Accordingly, the circuit court abused its discretion by misapplying the law and by granting defendant's motion for relief from judgment on the basis of ineffective assistance of counsel. See People v Giovannini, 271 Mich App 409, 417; 722 NW2d 237 (2006); People v McSwain, 259 Mich App 654, 681; 676 NW2d 236 (2003). We reverse the circuit court's grant of defendant's motion for relief from judgment and reinstate defendant's guilty plea.
Reversed.
Donald S. Owens
Kathleen Jansen
Jane E. Markey