Order Michigan Supreme Court
Lansing, Michigan
December 23, 2015 Robert P. Young, Jr.,
Chief Justice
151941 Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein
Plaintiff-Appellee, Joan L. Larsen,
Justices
v SC: 151941
COA: 326839
Saginaw CC: 14-039688-FC
DEMARCUS EDWARD ALLEN,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the May 21, 2015 order
of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of
granting leave to appeal, we VACATE the Saginaw Circuit Court’s order denying the
defendant’s motion for plea withdrawal and we REMAND this case to the Saginaw
Circuit Court for reconsideration of the defendant’s motion to withdraw his plea. The
defendant filed his motion before he was sentenced. MCR 6.310(B) permits the
defendant to withdraw his plea before sentencing if withdrawal is in the interest of
justice, unless withdrawal of the plea would substantially prejudice the prosecutor
because of reliance on the plea. MCR 6.310(B)(1); see also People v Jackson, 203 Mich
App 607, 611-612 (1994). The trial court applied an erroneous legal standard when it
concluded that there was no legal basis for the court to allow the defendant to withdraw
his plea unless there was a defect in the plea-taking process. See People v Spencer, 192
Mich App 146, 150-151 (1991) (“Under MCR 6.310(B), the use of the term ‘may’
denotes that the trial court has discretion to allow the withdrawal of the plea before
sentencing if withdrawal is in the interest of justice and the withdrawal does not
substantially prejudice the prosecutor because of reliance on the plea.”). Cf
MCR 6.310(C); People v Brown, 492 Mich 684, 693 (2012) (“A defendant seeking to
withdraw his or her plea after sentencing must demonstrate a defect in the plea-taking
process.”).
We do not retain jurisdiction.
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.
December 23, 2015
a1216
Clerk
People v. Demarcus Allen
Combined Opinion