People of Michigan v. Mirza Hajric

• Court: Michigan Supreme Court
• Decided: December 23, 2020
• Docket: 161117
• Status: Published

Opinion

Order Michigan Supreme Court Lansing, Michigan

December 23, 2020 Bridget M. McCormack, Chief Justice

161117 David F. Viviano, Chief Justice Pro Tem

Stephen J. Markman Brian K. Zahra PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein Plaintiff-Appellee, Elizabeth T. Clement Megan K. Cavanagh, Justices v SC: 161117 COA: 351892 Macomb CC: 2018-003115-FH MIRZA HAJRIC, Defendant-Appellant.

_________________________________________/

By order of September 8, 2020, the prosecuting attorney was directed to answer the application for leave to appeal the February 18, 2020 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Macomb Circuit Court to allow the defendant the opportunity to either withdraw or reaffirm his no contest plea. As the prosecution concedes, the trial court failed to give advice about “any mandatory minimum sentence required by law[.]” MCR 6.302(B)(2). “[A] failure to impart the information required by MCR 6.302(B)(2) continues to require reversal.” People v Brown, 492 Mich 684, 697 (2012), citing In re Guilty Plea Cases, 395 Mich 96, 118 (1975).

We do not retain jurisdiction.

I, Larry S. Royster, 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 23, 2020 t1216 Clerk