People of Michigan v. Cody Jason-Christopher Patton ( 2015 )

Order Michigan Supreme Court
Lansing, Michigan
February 6, 2015 Robert P. Young, Jr.,
Chief Justice
150006 & (11) Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein,
Plaintiff-Appellee, Justices
v SC: 150006
COA: 322521
Macomb CC: 2011-004463-FH
CODY JASON-CHRISTOPHER PATTON, 2011-003714-FH
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion to add a new issue is GRANTED. The
application for leave to appeal the July 25, 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 Macomb Circuit Court to provide the defendant the
opportunity to withdraw his plea, for the reason that the trial court failed to adhere to the
court’s sentence evaluation provided at the plea hearing or to allow the defendant to
withdraw his plea. People v Cobbs, 443 Mich. 276 (1993); MCR 6.302(C)(3). We are
not persuaded that the standards set forth in People v Hill, 221 Mich. App. 391, 398
(1997), require reassigning the case to a different judge. We further ORDER the trial
court to determine, in accordance with Administrative Order 2003-03, whether the
defendant is indigent and, if so, to appoint counsel to represent him in connection with
the remand proceedings. In all other respects, leave to appeal is DENIED, because we
are not persuaded that the remaining questions presented should be reviewed by this
Court.
We do not retain jurisdiction.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
February 6, 2015
t0203
Clerk