Circuit Court LC No. 16-000711-FH
Before: Swartzle, P.J., and Sawyer and Markey, JJ.
James Daniel Seadorf, appeals by delayed leave his
convictions for child sexually abusive activity, MCL
750.145c(2); and using a computer to commit a crime, MCL
752.797(3)(d). Defendant's convictions were entered
pursuant to a plea agreement. The trial court sentenced
defendant to 3 to 20 years' imprisonment for the child
sexually abusive activity conviction and to one to seven
years' imprisonment for the using of a computer to commit
a crime conviction. We affirm.
case arises from the viewing of child sexually abusive
material between the dates of August 1, 2017, and October 27,
2017. During this period, defendant, a 34-year-old male, used
a computer to download child pornography for personal
possession and use at home. Defendant was charged with four
criminal counts: Count 1, commercial child sexually abusive
activity, MCL 750.145c(2); Count 2, using a computer to
commit a crime, MCL 752.797(3)(f), punishable by imprisonment
of up to 20 years; Count 3, possession of child sexually
abusive material, MCL 750.145c(4); and Count 4, using a
computer to commit a crime, MCL 752.797(3)(d), punishable by
imprisonment of up to 7 years.
to a plea agreement, defendant pleaded guilty to Counts 1 and
4 in exchange for the dismissal of Counts 2 and 3. Defendant
admitted to downloading the child sexually abusive material.
Upon searching defendant's phone, police officers located
several photo albums containing child sexually abusive
material. A further investigation into defendant's home
computer revealed several images and videos of child sexually
abusive material saved on defendant's computer hard
drive. The trial court accepted defendant's guilty plea.
appeared before the trial court for sentencing and received
concurrent terms of incarceration as noted above. The
sentencing guidelines were determined to be 45 to 75 months
for the most serious felony. But by agreement, the sentencing
guidelines were modified to 30 to 50 months. Before
sentencing, a discussion in chambers took place indicating
that an appropriate sentence for defendant would be 36
months. Defendant asked the trial court to impose this as a
minimum sentence, and the trial court responded that it was
"sentencing within the guidelines, consistent with the
filed a Motion to Withdraw Guilty Plea in Kent County Circuit
Court. Defendant argued that his guilty plea to a 20-year
felony should be vacated because he was not involved in the
production, distribution, or promotion of child sexually
abusive activity. Instead, defendant stated he only
downloaded the child sexually abusive material; thus, he was
guilty of the four-year maximum felony under MCL 750.145c(4)
and not the 20-year felony under MCL 750.145c(2). The trial
court denied the motion.
court's decision on a motion to withdraw a guilty plea
made after sentencing will not be disturbed on appeal unless
there is a clear abuse of discretion. People v
Effinger, 212 Mich.App. 67, 69; 536 N.W.2d 809 (1995).
"An abuse of discretion occurs when the decision results
in an outcome falling outside the range of principled
outcomes." People v Fonville, 291 Mich.App.
363, 376; 804 N.W.2d 878 (2011). Questions of statutory
interpretation are reviewed de novo. People v Flick,
487 Mich. 1, 8-9; 790 N.W.2d 295 (2010).
first argues that the trial court abused its discretion by
denying defendant's motion to withdraw guilty plea
because his plea was not accurate. We disagree.
"defendant may file a motion to withdraw the plea within
6 months after sentence." MCR 6.310(C). Most
importantly, "[a] defendant seeking to withdraw his or
her plea after sentencing must demonstrate a defect in the
plea-taking process." People v Brown, 492 Mich.
684, 693; 822 N.W.2d 208 (2012). If the trial court finds
such an error, "the court must give the advice or make
the inquiries necessary to rectify the error and then give
the defendant the opportunity to elect to allow the plea and
sentence to stand or to withdraw the plea." MCR
6.310(C). Once it has been accepted by the trial court, there
is no absolute right to withdraw a guilty plea.
Effinger, 212 Mich.App. at 69.
"defendant pleads guilty, the court, by questioning the
defendant, must establish support for a finding that the
defendant is guilty of the offense charged or the offense to
which the defendant is pleading. MCR 6.302(D)(1). "The
court may not accept a plea of guilty . . . unless it is
convinced that the plea is understanding, voluntary, and
accurate." MCR 6.302(A).
A person who persuades, induces, entices, coerces, causes, or
knowingly allows a child to engage in a child sexually
abusive activity for the purpose of producing any child
sexually abusive material, or a person who arranges for,
produces, makes, copies, reproduces, or
finances, or a person who attempts or prepares or conspires
to arrange for, produce, make, copy,
reproduce, or finance any child sexually abusive activity or
child sexually abusive material for personal, distributional,
or other purposes is guilty of a felony, punishable by
imprisonment for not more than 20 years, or a fine of not
more than $100, 000.00, or both, if that person knows, has
reason to know, or should reasonably be expected to know that
the child is a child or that the child sexually abusive
material includes a child ...