People v. Davidovich

The prosecution appeals the trial court’s order allowing defendant, a resident alien, to withdraw his guilty plea after he learned that his conviction made him subject to deportation under federal immigration laws. Because the immigration consequences of a guilty plea are collateral, we find that the trial court abused its discretion in allowing defendant to withdraw his plea.

I

After being charged with possession with intent to deliver marijuana, MCL 333.7401(2)(d)(iii); MSA 14.15(7401)(2)(d)(iii), defendant pleaded guilty, and the trial court sentenced him to probation for one year. A few…