Opinion
365539
05-11-2023
People of Michigan v. Amanda Marie Upchurch
LC No. 2021-005845-FH
Mark J. Cavanagh Presiding Judge Elizabeth L. Gleicher Colleen A. O'Brien Judges
ORDER
The Court orders that in lieu of granting the application for leave to appeal, this case is REMANDED to the trial court to conduct an evidentiary hearing to properly determine whether the prosecution has proven by a preponderance of the evidence that defendant violated her bond by using methamphetamine so that the trial court could impose a sentence that exceeded the sentencing agreement, without allowing defendant an opportunity to withdraw her plea, per MCR 6.310(B)(3). If the trial court makes such a finding after the evidentiary hearing it may enter an order reaffirming defendant's sentence. If the trial court does not find that defendant violated her bond it shall either resentence her in accordance with the sentencing agreement or allow her an opportunity to withdraw her plea. MCR 6.310(B)(2)(a). In all other respects the application is DENIED for lack of merit in the grounds presented.
We do not retain jurisdiction.