Guilty Plea; Sentencing Consequences, Knowing and Intelligent

Criminal Law Update

People v Boatman,273 Mich App 405 (2006)(dec'06).The court first determined that habitual offender sentencing consequences were not covered by the plea advice court rule (MCR 6.302).Therefore the rule was satisfied by advice that the offense at issue carried a two-year maximum despite the fact that defendant was sentenced to 3-15 years as a fourth offender.The court urged the supreme court to fix the rule.However, the court went on to find an unintelligent plea where confusion over which set of guidelines would be used constituted a "procedural flaw." Servitto, J., concurring, would have found a court rule violation.