PEOPLE OF MI V ANTHONY LEE YOUNG
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
August 3, 1999
Plaintiff-Appellee,
v
No. 212882
Recorder’s Court
LC No. 92-007079
ANTHONY LEE YOUNG,
Defendant-Appellant.
Before: White, P.J., and Markey and Wilder, JJ.
MEMORANDUM.
Defendant appeals by right his guilty plea based conviction for possession of less than 25 grams
of cocaine, MCL 333.7403(2)(a)(v); MSA 14.15(7403)(2)(a)(v). We affirm.
On appeal, defendant argues that the trial court abused its discretion in denying his motion to
withdraw his plea, prior to sentencing. Defendant has the burden of showing that it is in the interest of
justice to allow him to withdraw his plea. MCR 6.310; People v Kennebrew, 220 Mich App 601,
605; 560 NW2d 354 (1996). Defendant’s unsubstantiated claim that he was promised a sentence of
probation is no more than an unsupported assertion, which is insufficient to meet this burden. Id.
Where defendant absconded from the state, committed an additional felony, and was not
returned for sentencing until six years after the plea was accepted, the trial court did not abuse its
discretion in finding that the interests of justice would not be met by allowing a withdrawal of the plea.
Id.
Defendant has also failed to show that there was an error in the plea proceeding. The trial court
advised defendant of his rights, and determined that the plea was freely, understandingly, and voluntarily
made. In re Guilty Plea Cases, 395 Mich 96; 235 NW2d 132 (1975). Finally, defendant tendered
the plea voluntarily and understandingly, there is no merit to his ineffective assistance of counsel claim.
People v Bordash, 208 Mich App 1, 2-3; 527 NW2d 17 (1994).
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Affirmed.
/s/ Helene N. White
/s/ Jane E. Markey
/s/ Kurtis T. Wilder
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