PEOPLE OF MI V NADIM SHAKOURI HANNA (Memorandum)

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED March 13, 2012 Plaintiff-Appellant, v No. 304798 Oakland Circuit Court LC No. 1999-168608-FH NADIM SHAKOURI HANNA, Defendant-Appellee. Before: OWENS, P.J., and JANSEN and MARKEY, JJ. MEMORANDUM. The prosecution appeals by leave granted the circuit court s order granting defendant s motion for relief from judgment pursuant to MCR 6.500 et seq., permitting defendant to withdraw his plea, and granting defendant a new trial. We reverse. Even assuming arguendo that the relief-from-judgment provisions of MCR 6.500 et seq. would otherwise apply in this case, this Court has made clear that the decision of the United States Supreme Court in Padilla v Kentucky, 559 US ___; 130 S Ct 1473; 176 L Ed 2d 284 (2010), does not apply retroactively. People v Gomez, ___ Mich App ___; ___ NW2d ___ (released February 14, 2012; Docket No. 302485). Under our pre-Padilla precedent, defense counsel did not render constitutionally deficient representation by failing to inform defendant of the potential immigration consequences of his plea. Id., slip op at 4; see also People v Davidovich, 463 Mich 446, 453; 618 NW2d 579 (2000). Accordingly, the circuit court abused its discretion by misapplying the law and by granting defendant s motion for relief from judgment on the basis of ineffective assistance of counsel. See People v Giovannini, 271 Mich App 409, 417; 722 NW2d 237 (2006); People v McSwain, 259 Mich App 654, 681; 676 NW2d 236 (2003). We reverse the circuit court s grant of defendant s motion for relief from judgment and reinstate defendant s guilty plea. Reversed. /s/ Donald S. Owens /s/ Kathleen Jansen /s/ Jane E. Markey -1-

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