People of Michigan v. Eric John Rydzewski

• Court: Michigan Court of Appeals
• Decided: January 23, 2020
• Docket: 347005
• Status: Published

Opinion

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN

COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, FOR PUBLICATION January 23, 2020 Plaintiff-Appellant,

v No. 347005 Lapeer Circuit Court ERIC JOHN RYDZEWSKI, LC No. 18-013179-FH

Defendant-Appellee.

Before: RIORDAN, P.J., and SAWYER and JANSEN, JJ.

RIORDAN, J. (concurring in part and dissenting in part).

I respectfully dissent on the issue of the prosecutor’s request to withdraw from the plea agreement.

Because it is not clear from the record, I would remand this case to the trial court to clarify whether the prosecutor’s non-response to the trial court’s interpretation of its role relating to mental health court during the plea colloquy amounted to the prosecutor’s acquiescence of a modification of the plea agreement. If not, the trial court must apply People v Smith, 502 Mich 624; 981 NW2d 718 (2018), and allow the prosecutor to withdraw from the plea agreement.

In all other respects, I concur with the majority.

/s/ Michael J. Riordan

-1-