People v. Boatman

730 N.W.2d 251, 273 Mich. App. 405
CourtMichigan Court of Appeals
DecidedMarch 14, 2007
DocketDocket 270564
StatusPublished
Cited by7 cases

This text of 730 N.W.2d 251 (People v. Boatman) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Boatman, 730 N.W.2d 251, 273 Mich. App. 405 (Mich. Ct. App. 2007).

Opinions

TALBOT, J.

This matter is on remand from the Michigan Supreme Court for consideration, as on leave granted, “of whether defendant’s plea was understanding when defendant was not informed of the maximum possible sentence as an habitual offender.” People v Boatman, 475 Mich 862 (2006). Defendant appeals the order denying his request to withdraw his 1999 guilty plea to a charge of resisting and obstructing a police officer, MCL 750.479(l)(b). Defendant was sentenced as a fourth-offense habitual offender, MCL 769.12, to a prison term of 3 to 15 years. When a motion to withdraw a plea is made following sentencing, the decision to grant the motion rests within the discretion of the trial court. The trial court’s decision will not be disturbed on appeal absent a clear abuse of discretion that [407]*407resulted in a miscarriage of justice. People v Eloby (After Remand), 215 Mich App 472, 475; 547 NW2d 48 (1996). We vacate defendant’s plea and remand for further proceedings.

Initially, addressing only the specific question posed by the Supreme Court, we note that MCR 6.302(B) requires, in relevant part:

An Understanding Plea. Speaking directly to the defendant or defendants, the court must advise the defendant or defendants of the following and determine that each defendant understands:
(2) the maximum possible prison sentence for the offense and any mandatory minimum sentence required by law[.]

If the plain language of a court rule is unambiguous, courts “ ‘must enforce the meaning expressed, without further judicial construction or interpretation.’ ” People v Phillips, 468 Mich 583, 589; 663 NW2d 463 (2003), quoting Grievance Administrator v Underwood, 462 Mich 188, 193-194; 612 NW2d 116 (2000).

At the time of entry of defendant’s plea, the trial court indicated the maximum sentence faced by defendant for the underlying charge of resisting and obstructing by inquiring, “Do you understand that you’re pleading guilty to a felony — or to a misdemeanor, which carries with it a maximum penalty of two years in a state prison?” As such, defendant was informed of the maximum sentence for the charged “offense,” because “[t]he habitual-offender statute does not create a substantive offense that is separate from and independent of the principal charge.” People v Oswald (After Remand), 188 Mich App 1, 12; 469 NW2d 306 (1991). Nothing in the wording of the court rule can be con[408]*408strued to require a trial court to address every possible configuration or consequence of sentencing. In accordance with the dictates of MCR 6.302(B)(2), when pleading guilty, the court rule requirement that a defendant be advised of the consequences of his or her plea does not encompass advice extending beyond the maximum possible sentence and any mandatory minimum sentence necessitated by law. See People v Johnson, 413 Mich 487, 490; 320 NW2d 876 (1982) (addressing a previous version of the rule, GCR 1963, 785.7). Although a guilty plea must be made “with knowledge of the consequences,” People v Schluter, 204 Mich App 60, 66; 514 NW2d 489 (1994), “the trial judge need not inform the defendant of all sentence consequences — only the maximum sentence for the crime to which he was pleading guilty,” People v Jahner, 433 Mich 490, 502; 446 NW2d 151 (1989), and “any mandatory minimum sentence required by law.” MCR 6.302(B)(2). In reviewing adherence to the mandates of the court rule, a doctrine of “substantial compliance” applies. The doctrine holds that “[wjhether a particular departure from [the court rule] justifies or requires reversal for additional proceedings will depend on the nature of the noncompliance.” Guilty Plea Cases, 395 Mich 96, 113; 235 NW2d 132 (1975) (addressing GCR 1963, 785.7). In this case, the trial court complied with the mandate of MCR 6.302(B)(2) by informing defendant of the maximum sentence for the charged offense of resisting and obstructing.

This Court has long recognized that a trial court is not required to advise a defendant of all potential sentencing consequences. Specifically, there exists “no authority that holds collateral consequences should be considered in allowing a defendant to withdraw his guilty plea after having been sentenced.” People v Davidovich, 238 Mich App 422, 430; 606 NW2d 387 [409]*409(1999); see also Johnson, supra at 490. However, because of the existence of specific and separate guidelines applicable to the sentencing of habitual offenders, the effect of a defendant’s habitual-offender status on sentencing does not comprise a “collateral consequence.” In addition, the existence of separate guidelines for use with habitual offenders creates a tension between the specific language and implied spirit of the court rule. Clearly, an important focus of MCR 6.302 is to ensure that any defendant who has entered into a sentencing agreement has made a knowing, understanding, and informed plea decision. This requires a defendant to be informed of the consequences of his or her plea and, necessarily, the resultant sentence. Unfortunately, the language of the court rule does not encompass a specific requirement to inform an habitual offender regarding the effect this status has on sentencing. This is at odds with the intent of the law, which is to ensure an informed decision by a defendant in accepting or entering into a plea agreement by requiring that the most significant repercussion of that agreement, the actual duration of the sentence to be imposed, be known and understood in advance.

Despite our recognition of the disparity between the actual language of the court rule, which requires that information related to the “offense” be conveyed to a defendant, and the spirit of the rule, which aims to ensure a knowing and informed plea decision, this Court lacks authority to expand the scope of the rule’s language. Rather, we are constrained by our recognition that it is within the exclusive province of the Supreme Court to “promulgate and amend general rules governing practices and procedure.” MCL 600.223. While we acknowledge that a defendant’s status as an habitual offender and the commensurate guidelines enhancement applicable in sentencing may significantly affect [410]*410the attainment of an understanding plea, we respectfully submit that any expansion of the scope or language of MCR 6.302 to coincide with the clear intent of the rule must be initiated by the Supreme Court rather than through this Court’s broadened interpretation of the existing language. We would farther note concerns pertaining to the retrospective effect of such a determination by this Court and the potential to promote and incur an influx of appeals on this issue when compared to the orderly and restrictive prospective application of any rule change initiated by the Supreme Court.

In certain cases, such as this one, an obvious disparity will occur between an understanding of the sentence for the offense and the effect of the habitual-offender guidelines on that sentence. A review of the lower court record reveals a procedural failure by the trial court that must be addressed and that governs our ultimate ruling. Notably, although defendant acknowledged his status as a fourth-offense habitual offender, no mention was made during the plea hearing, sufficient to inform defendant, that the “guidelines” being referenced and intended for use in his sentencing would be those guidelines applicable to his habitual-offender status.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Brown
822 N.W.2d 208 (Michigan Supreme Court, 2012)
People v. Fonville
804 N.W.2d 878 (Michigan Court of Appeals, 2011)
People v. KADE
783 N.W.2d 102 (Michigan Supreme Court, 2010)
People v. Williams
792 N.W.2d 384 (Michigan Court of Appeals, 2010)
Purcell v. STURGIS HOSPITAL
730 N.W.2d 251 (Michigan Supreme Court, 2007)

Cite This Page — Counsel Stack

Bluebook (online)
730 N.W.2d 251, 273 Mich. App. 405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-boatman-michctapp-2007.