IN RE ANTHONY WILSON
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STATE OF MICHIGAN
COURT OF APPEALS
In re ANTHONY WILSON
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
April 15, 2004
Petitioner-Appellee,
v
ANTHONY WILSON,
No. 244884
Wayne Circuit Court
LC No. 96-336780
Respondent-Appellant.
Before: Cavanagh, P.J., and Murphy and Smolenski, JJ.
MEMORANDUM.
Respondent appeals as of right from an order escalating his juvenile delinquency
placement to a low security placement. We affirm. This appeal is being decided without oral
argument pursuant to MCR 7.214(E).
Respondent argues that the family court erred by simply accepting the stipulation of the
parties to escalate his placement without obtaining a factual basis to support his admissions to
the charges in the petition seeking an escalated placement. We disagree. Respondent’s
arguments are framed in terms of there not having been sufficient evidence to support a guilty
plea. However, the order being appealed did not involve a finding of delinquency or conviction
of a crime. Rather, it simply involved respondent agreeing to a more restrictive juvenile
placement. The version of MCR 5.944(E) in effect at the time provided that a juvenile in a
delinquency case “shall not be moved to a more physically restrictive level of placement absent a
hearing and further order of the court, or absent the consent of the juvenile.” Thus, this court
rule plainly allowed respondent to consent to a more restrictive level of placement, which he did
at the hearing below. See People v Phillips, 468 Mich 583, 589; 663 NW2d 463 (2003) (when
plain language of a court rule is unambiguous, it must be enforced without further judicial
construction or interpretation). Respondent has not established any basis for relief.
Affirmed.
/s/ Mark J. Cavanagh
/s/ William B. Murphy
/s/ Michael R. Smolenski
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