People v. Ward

In this case, we consider whether defendant, who was represented by retained counsel, should be permitted to set aside a defective OUIL 2d plea fourteen months after it was entered where (1) defendant’s subsequent ouil arrest and desire to avoid sentencing as an ouil 3d offender obviously motivated the motion, and (2) retained counsel, in the absence of the prosecutor, knowingly entered a woefully defective plea at arraignment without bringing the defects to the court’s attention. Thus, retained counsel preserved the strategic possibility of setting aside the plea if defendant were ever…