Order Michigan Supreme Court
Lansing, Michigan
April 25, 2014 Robert P. Young, Jr.,
Chief Justice
148215 & (184) Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano,
Plaintiff-Appellant/ Justices
Cross-Appellee,
v SC: 148215
COA: 291293
Wayne CC: 07-015018-FC
DAVONTAE SANFORD,
Defendant-Appellee/
Cross-Appellant.
_____________________________________/
On order of the Court, the application for leave to appeal the September 26, 2013
judgment of the Court of Appeals and the application for leave to appeal as cross-
appellant are considered. Pursuant to MCR 7.302(H)(1), in lieu of granting leave to
appeal, we VACATE the judgment of the Court of Appeals and REINSTATE the
February 28, 2012 order of the Wayne Circuit Court denying the defendant’s motion to
withdraw his plea. Defendant filed a motion to withdraw his guilty plea after he was
sentenced. MCR 6.310(C) permits a defendant to withdraw a guilty plea after sentencing
only if the trial court determines that there was an error in the plea proceeding that would
entitle the defendant to have the plea set aside. “A defendant seeking to withdraw his or
her plea after sentencing must demonstrate a defect in the plea-taking process.” People v
Brown, 492 Mich 684, 693 (2012). Because the defendant did not base his motion on an
error in the plea proceeding, the Court of Appeals erred by adjudicating the defendant’s
appeal under MCR 6.310(C). The application for leave to appeal as cross-appellant is
therefore DENIED.
This order is without prejudice to the defendant’s ability to file a motion for relief
from judgment pursuant to MCR 6.500 et seq. raising the issues addressed in his motion
to withdraw plea.
MCCORMACK, J., did not participate because of her prior involvement in this case.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
April 25, 2014
h0422
Clerk
People of Michigan v. Davontae Sanford
Combined Opinion