Opinion
Docket No. 147981. COA No. 317527.
2014-03-28
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Daniel HORACEK, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the September 12, 2013 order of the Court of Appeals is considered. We DIRECT the Oakland County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order. In particular, the prosecutor shall address whether, assuming for the sake of argument that a Fourth Amendment violation occurred when the police officers entered the defendant's motel room and that his motion to suppress should have been granted, the defendant is entitled to withdraw his conditional plea. See MCR 6.301(C)(2); People v. Reid, 420 Mich. 326, 362 N.W.2d 655 (1984). We note that at the motion/plea hearing, the prosecutor argued that, even if there was a Fourth Amendment violation, the error was harmless beyond a reasonable doubt because there was sufficient untainted evidence to go forward with the prosecution of the defendant. The prosecution shall address whether its consent to the conditional plea, despite its acknowledgement that any error would be harmless, would entitle the defendant to withdraw his plea.
The application for leave to appeal remains pending.