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PEOPLE v. DAVIDOVICH

Docket No. 211144.

606 N.W.2d 387 (1999)

238 Mich. App. 422

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Tuvia DAVIDOVICH, Defendant-Appellee.

Court of Appeals of Michigan.

Decided November 5, 1999, at 9:15 a.m.

Released for Publication February 23, 2000.

Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Joseph A. Puleo, Assistant Prosecuting Attorney, for the people.

Mogill, Posner & Cohen (by Kenneth M. Mogill), Detroit, for the defendant.

Before: HOEKSTRA, P.J., and O'CONNELL and R.J. DANHOF , JJ.

HOEKSTRA, P.J.

The prosecution appeals the trial court's order allowing defendant, a resident alien, to withdraw his guilty plea after he learned that his conviction made him subject to deportation under federal immigration laws.1 Because the immigration consequences of a guilty plea are collateral, we find that the trial court abused its discretion in allowing defendant to withdraw his plea.

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