Opinion
No. 143091.
July 15, 2011.
Court of Appeals No. 295825.
Summary Disposition July 15, 2011.
Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we reverse that part of the Court of Appeals' judgment holding that the defendant asserted a claim of jurisdictional defect for which he need not demonstrate cause or prejudice. Where the defendant pleaded no contest to home invasion, and agreed as part of the factual basis for his plea that he entered the dwelling without permission, his current claim that he was a colessee of the premises and that he did not need permission to enter the dwelling does not establish a potential jurisdictional defect. The defendant's newly asserted defense could only negate one element of the crime; it would not implicate the very authority of the state to charge him or bring him to trial. People v New, 427 Mich 482, 491 (1986). Although the Court of Appeals correctly held that a defendant's claim that his plea was not supported by an adequate factual basis is not waived by a no contest plea, People v Mitchell, 431 Mich 744, 749-750 (1988), in this instance the defendant provided an adequate factual basis for his plea at the time he pleaded no contest. He therefore has the burden to establish both good cause for his failure to raise his grounds for relief on appeal, and actual prejudice. MCR 6.508(D)(3)(a) and (b). We remand this case to the Court of Appeals for it to determine whether the defendant has satisfied that burden. We do not retain jurisdiction.