Order Michigan Supreme Court
Lansing, Michigan
October 3, 2007 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
133844 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman,
Plaintiff-Appellee, Justices
v SC: 133844
COA: 267500
Genesee CC: 03-013153-FC
JOHN MICHAEL CADARETTE,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the April 12, 2007
judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in
lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and
REMAND this case to the Genesee Circuit Court for further proceedings consistent with
this order. The record makes clear that the trial judge provided a preliminary sentence
evaluation in chambers, off the record. At the guilty plea hearing, the prosecutor
disclaimed any plea agreement. Defense counsel indicated that there was a discussion in
chambers regarding an agreement for a minimum sentence that was within the guidelines
and comported with the “two-thirds” rule and for a maximum sentence no greater than 32
years. The court specifically stated that it would sentence within the guidelines to which
the parties had agreed in chambers, but failed to specifically affirm or disclaim the
agreement concerning the maximum sentence. At the outset of the sentencing
proceeding, defense counsel again recited the deal, and the trial judge again failed to
affirm the agreement for a maximum term no greater than 32 years. The record therefore
demonstrates an attempt to reach an agreement under People v Cobbs, 443 Mich 276
(1993), but there is no clear agreement on the record as to the terms of the alleged
agreement.
On remand the court shall give the defendant the opportunity to withdraw his plea
of guilty. In all other respects, leave to appeal is DENIED, because we are not persuaded
that the remaining question presented 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.
October 3, 2007 _________________________________________
d0926 Clerk