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People  v. Hernandez-Perez

Supreme Court of Michigan.
Nov 23, 2011
490 Mich. 916 (Mich. 2011)

Opinion

Docket No. 143543.COA No. 297917.

2011-11-23

PEOPLE of the State of Michigan, Plaintiff–Appellant, v. Victor Hugo HERNANDEZ–PEREZ, Defendant–Appellee.


Prior report: Mich.App., 2011 WL 2424333.

Order

On order of the Court, the application for leave to appeal the June 16, 2011 judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE in part the judgment of the Court of Appeals. The statements made on the record regarding the potential length of the defendant's sentence could not reasonably have led him to believe that the plea agreement had a sentencing component, specifically a promise that he would be sentenced to one year in the county jail. The Kent Circuit Court judge clearly stated that no promise had been made about the sentence the defendant would receive. The defendant is therefore not entitled to withdraw his plea.


Summaries of

People  v. Hernandez-Perez

Supreme Court of Michigan.
Nov 23, 2011
490 Mich. 916 (Mich. 2011)
Case details for

People  v. Hernandez-Perez

Case Details

Full title:PEOPLE of the State of Michigan, Plaintiff–Appellant, v. Victor Hugo…

Court:Supreme Court of Michigan.

Date published: Nov 23, 2011

Citations

490 Mich. 916 (Mich. 2011)
490 Mich. 916