PEOPLE OF MI V MICHAEL NIXON
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
December 6, 1996
Plaintiff-Appellee,
v
No. 186809
LC No. 94-007934
MICHAEL NIXON,
Defendant-Appellant.
Before: J.H. Gillis, P.J., and G.S. Allen and J.B. Sullivan, JJ.*
MEMORANDUM.
Defendant pleaded guilty of operating a motor vehicle while under the influence of liquor and
causing death, MCL 257.625(4); MSA 9.2325(4). He was sentenced to four to fifteen years’
imprisonment, and appeals as of right. We remand. This case has been decided without oral argument
pursuant to MCR 7.214(A).
The record reveals that defendant might have had the possible defense of necessity and yet
there is no indication that defense counsel was aware of the defense, took steps to assert the defense, or
even discussed the defense with defendant. We therefore remand for an evidentiary hearing on whether
defense counsel was ineffective for failing to raise the necessity defense, thereby rendering defendant’s
plea involuntary and not understanding. People v Corteway, 212 Mich App 442; 538 NW2d 60
(1995); People v Marji, 180 Mich App 525; 447 NW2d 835 (1989). If it is determined that counsel
was ineffective, defendant shall be given the opportunity to withdraw his plea and the prosecutor shall
be allowed to reinstate the original charges against defendant. MCR 6.312. If counsel was not
ineffective, defendant’s conviction and sentence shall stand.
*Former Court of Appeals judges, sitting on the Court of Appeals by assignment pursuant to
Administrative Order 1996-10.
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Remanded for an evidentiary hearing on defendant’s ineffective assistance of counsel claim. We
do not retain jurisdiction.
/s/ John H. Gillis
/s/ Glenn S. Allen, Jr.
/s/ Joseph B. Sullivan
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