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UNPUBLISHED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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