Opinion
367906
02-22-2024
PEOPLE OF MICHIGAN v. MATTHEW FABIAS UPCHURCH
LC No. 22-049448-FC
Mark J. Cavanagh Kirsten Frank Kelly Judges
ORDER
Stephen L. Borrello Presiding Judge
The motion to withdraw is DENIED. The judgment of sentence is VACATED and this case is REMANDED to the circuit court for further proceedings in accordance with MCR 6.310(C)(3). On remand, the circuit court shall advise defendant in accordance with MCR 6.302(B)(5) that, by pleading guilty, defendant may be giving up the right to appeal issues that would otherwise be appealable if the defendant is convicted at trial. In addition, the circuit court shall advise defendant that the maximum sentence for second-degree murder for a juvenile offender is a term-of-years sentence rather than a parolable life sentence. See People v Stovall, 510 Mich. 301, 307-308; 987 N.W.2d 85 (2022). Following that advice, in accordance with MCR 6.310(C)(3), the circuit court shall permit defendant to withdraw the plea or allow the plea and sentence to stand.
This Court does not retain jurisdiction.