People v. Demarcus Allen

Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we vacate the Saginaw Circuit Court’s order denying the defendant’s motion for plea withdrawal and we remand this case to the Saginaw Circuit Court for reconsideration of the defendant’s motion to withdraw his plea. The defendant filed his motion before he was sentenced. MCR 6.310(B) permits the defendant to withdraw his plea before sentencing if withdrawal is in the interest of justice, unless withdrawal of the plea would substantially prejudice the prosecutor because of reliance on the plea. MCR 6.310(B)(1); see also People v…