Order Michigan Supreme Court
Lansing, Michigan
December 28, 2005 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
128755 Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
PEOPLE OF THE STATE OF MICHIGAN, Stephen J. Markman,
Justices
Plaintiff-Appellee,
v SC: 128755
COA: 260890
Genesee CC: 03-013153-FC
JOHN MICHAEL CADARETTE,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the April 15, 2005 order
of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of
granting leave to appeal, we REMAND this case to the Court of Appeals for
consideration, as on leave granted, of whether defendant must be given the opportunity to
withdraw his plea for failure of the Genesee Circuit Court to honor a sentence agreement
under People v Cobbs, 443 Mich 276 (1993). In all other respects leave to appeal is
DENIED.
We do not retain jurisdiction.
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.
December 28, 2005 _________________________________________
d1221 Clerk