PEOPLE v. WARD

Docket No. 112395.

594 N.W.2d 47 (1999)

459 Mich. 602

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Michael WARD, Defendant-Appellee.

Supreme Court of Michigan.

May 18, 1999.


Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, David Gorcyca, Prosecuting Attorney, Daniel Lemisch, Chief, Appellate Division, and Marilyn J. Day, Assistant Prosecuting Attorney, Pontiac, for the people.

John D. Lazar, Royal Oak, for the defendant-appellee.

Norman W. Donker, President, William A. Forsyth, Prosecuting Attorney, and Timothy K. McMorrow, Chief Appellate Attorney, Grand Rapids, for amicus curiae Prosecuting Attorneys Association of Michigan.


Opinion

PER CURIAM.

In this case, we consider whether defendant, who was represented by retained counsel, should be permitted to set aside a defective OUIL 2d plea fourteen months after it was entered where (1) defendant's subsequent OUIL arrest and desire to avoid sentencing as an OUIL 3d offender obviously motivated the motion, and (2) retained counsel, in the absence of the prosecutor, knowingly entered a woefully defective plea at arraignment without...

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