Order Michigan Supreme Court
Lansing, Michigan
January 23, 2019 Bridget M. McCormack,
Chief Justice
157836 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra
Plaintiff-Appellee, Richard H. Bernstein
Elizabeth T. Clement
v SC: 157836 Megan K. Cavanagh,
Justices
COA: 339122
Macomb CC: 2016-003172-FC
JENELL CAPREICE BAILEY,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the April 3, 2018 judgment
of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting
leave to appeal, we VACATE that part of the Court of Appeals judgment that reversed the
Macomb Circuit Court’s June 28, 2017 order granting the defendant’s motion to withdraw
her guilty plea. Although the Court of Appeals correctly concluded that the trial court
failed to state a legitimate basis for permitting plea withdrawal, it erred in remanding the
case for sentencing rather than for redetermination of the defendant’s motion. The
defendant claimed that her attorney told her that, if she changed her mind before
sentencing, she could withdraw her plea. If true, that would call into question whether the
plea was entered knowingly and voluntarily. We REMAND this case to the Macomb
Circuit Court for an evidentiary hearing to determine whether the defendant’s attorney
advised her that she would be able to withdraw her guilty plea on her own volition before
sentencing, and if so, whether she should be permitted to withdraw her plea.
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.
January 23, 2019
p0109
Clerk