Michigan v. Warren (Opinion on Application)
Annotate this CaseKelly Warren pleaded guilty to two separate charges of operating a vehicle while intoxicated, third offense (OWI-3rd) in exchange for the dismissal of other criminal charges against him and of the sentence enhancement to which he was subject as a fourth-offense habitual offender. At the plea hearing, the trial court, noted on the record that each charge carried with it a maximum penalty of five years’ imprisonment, but the court did not inform defendant that it had the discretionary authority to sentence him to consecutive sentences under MCL 768.7b(2)(a) because he had committed the second OWI-3rd charge while the first OWI-3rd charge was pending. The trial court ultimately sentenced defendant to consecutive prison terms of 2 to 5 years, which subjected defendant to a maximum of 10 years’ imprisonment. Defendant moved to withdraw his plea on the basis of the court’s failure to advise him of the possibility of consecutive sentencing. The trial court denied the motion, and the Court of Appeals denied defendant’s delayed application for leave to appeal. The Michigan Supreme Court then remanded the case to the Court of Appeals for consideration as on leave granted with directions to compare Michigan v. Johnson, 413 Mich 487 (1982) with Michigan v. Blanton, 317 Mich App 107 (2016), On remand, the Court of Appeals affirmed defendant’s convictions and sentences, the majority concluding that Michigan caselaw, including Johnson and Blanton, was not dispositive of the issue and that neither the Michigan Court Rules nor due process required the court to inform defendant that it had the discretion to impose consecutive sentences. Defendant again petitioned the Michigan Supreme Court for review. The Supreme Court reversed and remanded, concluding MCR 6.302(B)(2) required a trial court to advise a defendant of its discretionary consecutive-sentencing authority and potential consequences. As a result, the trial court here erred when it denied defendant’s motion to withdraw his plea because the court failed to apprise him of both this authority and its potential consequences.
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