Order Michigan Supreme Court
Lansing, Michigan
November 23, 2011 Robert P. Young, Jr.,
Chief Justice
143543 Michael F. Cavanagh
Marilyn Kelly
Stephen J. Markman
Diane M. Hathaway
PEOPLE OF THE STATE OF MICHIGAN, Mary Beth Kelly
Plaintiff-Appellant, Brian K. Zahra,
Justices
v SC: 143543
COA: 297917
Kent CC: 09-012523-FH
VICTOR HUGO HERNANDEZ-PEREZ,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the June 16, 2011
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we REVERSE in part the judgment of the Court of
Appeals. The statements made on the record regarding the potential length of the
defendant’s sentence could not reasonably have led him to believe that the plea
agreement had a sentencing component, specifically a promise that he would be
sentenced to one year in the county jail. The Kent Circuit Court judge clearly stated that
no promise had been made about the sentence the defendant would receive. The
defendant is therefore not entitled to withdraw his plea.
I, Corbin R. Davis, 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.
November 23, 2011 _________________________________________
d1116 Clerk