IN RE BRANDON FARNSWORTH; MINOR

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STATE OF MICHIGAN COURT OF APPEALS In re Brandon Farnsworth, Minor. PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED April 25, 2000 Petitioner-Appellee, v BRANDON FARNSWORTH, No. 212761 Wayne Circuit Court Juvenile Division LC No. 94-321291 Respondent-Appellant. Before: Collins, P.J., and Neff and Smolenski, JJ. MEMORANDUM. Respondent appeals as of right his guilty plea-based conviction for breaking and entering with intent to commit a felony, MCL 750.110; MSA 28.305. We affirm. On appeal, respondent argues that the court failed to elicit a sufficient factual basis to support his guilty plea. However, respondent has failed to preserve this issue for appellate review. In order to preserve a claim that a guilty plea is not supported by a proper factual basis, a defendant is required to move to withdraw his plea in the trial court. MCR 6.311(C); People v Kaczorowski, 190 Mich App 165, 172; 475 NW2d 861 (1991). MCR 6.311 is the proper rule to apply when an individual is sentenced as a juvenile. People v Haynes (After Remand), 221 Mich App 551, 557-558; 562 NW2d 241 (1997). Respondent did not move to withdraw his plea, and his challenge to the factual basis for the plea is not preserved for appeal. Kaczorowski, supra. Affirmed. /s/ Jeffrey G. Collins /s/ Janet T. Neff /s/ Michael R. Smolenski

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