People v. Mitchell

The defendant pled guilty of breaking and entering an occupied dwelling with intent to commit larceny 1 and possession of a firearm during the commission of a felony. 2 On appeal, he challenged the felony-firearm conviction on the ground that the factual basis at the plea proceeding was inadequate. However, the Court of Appeals affirmed the decision of the trial court, holding that the plea waived the right to contest whether there was a factual basis for the charge and that, in any event, the factual basis was adequate. We disagree with both conclusions, and reverse the decision of the Court…