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People v. Belt

Supreme Court of Michigan

December 23, 2014

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
v.
AUTUMN SHEREE BELT, Defendant-Appellant

COA: 321257. Kalamazoo CC: 2012-001202-FH.

Robert P. Young, Jr., Chief Justice. Michael F. Cavanagh, Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Justices.

ORDER

On order of the Court, the application for leave to appeal the June 26, 2014 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Kalamazoo Circuit Court, which shall allow the defendant the opportunity to withdraw her guilty plea. See People v Cobbs, 443 Mich. 276; 505 N.W.2d 208 (1993). We note that the defendant's plea proceeding occurred prior to the effective date of MCR 6.310(B)(3).

We further ORDER the Kalamazoo Circuit Court, in accordance with Administrative Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint counsel to represent the defendant on remand.

We do not retain jurisdiction.


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