PEOPLE OF MI V DWIGHT TYRONE JOHNSON

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED June 10, 1997 Plaintiff-Appellee, v No. 193401 Recorder’s Court LC No. 94-1881 DWIGHT TYRONE JOHNSON, Defendant-Appellant. Before: Saad, P.J., and Hood and McDonald, JJ. MEMORANDUM. Prior to accepting defendant’s plea of guilty to probation violation, the trial court failed to advise him either of his right to a contested hearing, MCR 6.445(F)(1), or of the maximum possible jail sentence or prison sentence for the offense, in this case the underlying offense of possession of less than 25 grams of heroin as enhanced by fourth offender status. MCR 6.445(F)(2). Although defendant was represented by counsel, such omissions nonetheless constitute reversible error. People v Gorzen, 126 Mich App 464; 337 NW2d 359 (1983). This renders moot issues concerning the proportionality of the sentence imposed. Reversed and remanded for further proceedings consistent with this opinion. We do not retain jurisdiction. /s/ Henry William Saad /s/ Harold Hood /s/ Gary R. McDonald -1­

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