Order Michigan Supreme Court
Lansing, Michigan
November 3, 2010 Marilyn Kelly,
Chief Justice
141206 Michael F. Cavanagh
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
Diane M. Hathaway
PEOPLE OF THE STATE OF MICHIGAN, Alton Thomas Davis,
Plaintiff-Appellee, Justices
v SC: 141206
COA: 297366
Genesee CC: 09-025520-FC
DARRYL JAY LOFTON,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the April 27, 2010 order
of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we VACATE the sentence of the Genesee Circuit Court and we
REMAND this case to that court and DIRECT that court either to grant the defendant the
opportunity to withdraw his plea or to resentence the defendant to two years on the
charge of possession of a firearm during the commission of a felony, first offense, MCL
750.227b(1), for the reason that the defendant was misinformed at his plea hearing that he
would serve a consecutive sentence of two years for his felony-firearm conviction, rather
than the mandatory sentence of five years for felony-firearm, second offense. In all other
respects, leave to appeal is DENIED, because we are not persuaded that the remaining
questions should be reviewed by this Court.
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 3, 2010 _________________________________________
p1027 Clerk