People v. Ward

594 N.W.2d 47, 459 Mich. 602
CourtMichigan Supreme Court
DecidedMay 18, 1999
DocketDocket 112395
StatusPublished
Cited by15 cases

This text of 594 N.W.2d 47 (People v. Ward) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Ward, 594 N.W.2d 47, 459 Mich. 602 (Mich. 1999).

Opinions

Per Curiam.

In this case, we consider whether defendant, who was represented by retained counsel, should be permitted to set aside a defective OUIL 2d plea fourteen months after it was entered where (1) defendant’s subsequent ouil arrest and desire to avoid sentencing as an ouil 3d offender obviously motivated the motion, and (2) retained counsel, in the absence of the prosecutor, knowingly entered a woefully defective plea at arraignment without bringing the defects to the court’s attention. Thus, retained counsel preserved the strategic possibility of setting aside the plea if defendant were ever charged with another ouil offense.

As explained below, we answer this question in the negative. Unlike the dissent, we decline to allow this transparent manipulation of the system. We will not allow defense counsel to harbor plain error as a parachute in the event of a subsequent OUIL charge. A contrary ruling would provide no incentive to defense counsel to ensure that valid pleas are taken; in fact, such a ruling would encourage counsel to enter pleas that do not comply with the court rules.

[605]*605On February 1, 1995, defendant pleaded guilty of OUIL 2d,1 and of operating a motor vehicle while his license was suspended or revoked.2 3Fourteen months later, after being charged with OUIL 3d,® and driving with a suspended or revoked license, second offense,4 in an unrelated case, the defendant moved to set aside his OUIL 2d plea. Defendant alleges that the plea lacked a factual basis and that the district court had failed to comply with the requirements for accepting a plea under MCR 6.610(E). The district court granted the motion, and the circuit court affirmed.

On remand from this Court, the Court of Appeals affirmed.5 The prosecutor has filed an application for leave to appeal to this Court.6 We conclude that the district court abused its discretion in setting aside defendant’s plea, and reverse.

i

On January 19, 1995, defendant was arrested for drunk driving and driving with a suspended license. On February 1, 1995, with the assistance of retained counsel, he was arraigned in the 52-1 District Court. At the arraignment, defendant pleaded guilty as charged of operating a motor vehicle under the influence of liquor, second offense, and operating a motor vehicle with a suspended or revoked license. The [606]*606record reflects that no prosecutor was present for the arraignment and guilty plea.7

The district judge accepted the plea without observing the requirements of MCR 6.610(E). Specifically, the judge did not question defendant and did not determine that the plea was understanding, voluntary, and accurate. Likewise, he did not inform defendant of the maximum sentence or of the rights he was giving up by offering the plea. When defense counsel announced the decision to plead guilty, the judge accepted the plea and immediately imposed the sentence of two years probation, with thirty days to be served in jail, together with fines and costs.8

On February 3, 1996, defendant was again arrested for drunk driving and charged in the 52-1 District Court with operating a motor vehicle under the influence of liquor, third offense, and operating a motor vehicle with a suspended or revoked license, second offense. One of the prior offenses used to support the OUIL 3d charge was defendant’s February 1, 1995, guilty plea conviction of ouil 2d in the 52-1 District Court.

Approximately two months after he was charged with ouil 3d, defendant moved to withdraw the 1995 guilty plea conviction on the ground that the judge’s deviation from MCR 6.610(E) affected his substantial rights. The prosecutor contended that the motion to withdraw was filed merely to extricate defendant [607]*607from the charges of OUIL 3d. The prosecutor further argued that the fourteen-month delay made the motion an impermissible collateral attack on the 1995 conviction.

The district judge set aside defendant’s 1995 guilty plea conviction. The court determined that the failure to question defendant concerning the offense or to obtain a factual basis for the plea, along with the failure to advise defendant of any of his rights, constituted a deviation affecting substantial rights. The district court further held that the motion to withdraw the plea was not a collateral attack, since it occurred in the same court in which the conviction was entered, not in a different case in which a subsequent charge was being prosecuted.

The prosecutor appealed to Oakland Circuit Court. On July 31, 1996, the circuit court denied leave to appeal. The prosecutor filed an application for leave to appeal to the Court of Appeals. On November 22, 1996, the Court of Appeals denied leave to appeal.

The Oakland County prosecutor filed an application for leave to appeal to this Court. In lieu of granting leave to appeal, we remanded the case to the Court of Appeals for reconsideration as on leave granted. We directed the Court of Appeals to consider whether the district court properly set aside the 1995 guilty plea conviction of ouil 2d. 454 Mich 894 (1997).

n

On remand, the Court of Appeals saw the critical question as whether the attack on the ouil 2d plea was “collateral” or “direct.” The majority examined [608]*608our decision in People v Ingram, 439 Mich 288, 294-295; 484 NW2d 241 (1992), in which we said:

[The] failure of a plea-taking court to adhere to applicable plea-taking requirements during the plea proceeding does not provide a defendant the opportunity to challenge by collateral attack. The validity of such a plea, where the defendant was represented by an attorney when entering the plea or when the defendant intelligently waived the right to counsel, including the right to court-appointed counsel if indigent, is unassailable.

The Court of Appeals majority concluded that if the defendant’s attack on the February 1995 plea-based conviction was collateral, as opposed to direct, the defendant was not entitled to have it set aside. It noted that in Ingram, we defined “collateral attacks” as “those challenges raised other than by initial appeal of the conviction in question.” 439 Mich 291, n 1. The Court found defendant’s challenge direct rather than collateral, explaining:

(1) it was made in the case instituted for the specific purpose of prosecuting the charge at issue, compare Ingram, supra, and [People v] Howard [212 Mich App 366; 538 NW2d 44 (1995)], and (2) it was a necessary step in the process of filing an appeal to the circuit court. [230 Mich App 95, 100-101; 583 NW2d 495 (1998).]

The Court reasoned that a motion to withdraw the plea is a prerequisite to appealing the plea-based conviction. MCR 6.610(E)(7)(a). There is no time limit in the rule for filing such a motion. Further, the Court of Appeals noted that MCR 7.101(B)(1) provides a twenty-one-day period for appeals from district to circuit court. Defendant’s motion was not filed within that period. However, under MCR 7.103, the circuit [609]*609court may grant leave to appeal from the district court after the time for taking an appeal has expired.

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Bluebook (online)
594 N.W.2d 47, 459 Mich. 602, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ward-mich-1999.