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158065 - People v Kelly Christopher Warren

The People of the State of Michigan,

 

David Porter

 

Plaintiff-Appellee,

 

v

(Appeal from Ct of Appeals)

 

 

(Mecosta – Jaklevic, P.)

 

Kelly Christopher Warren,

 

Michael Naughton

 

Defendant-Appellant.

 

Summary

Defendant, who had a history of drunk driving convictions, was arrested in 2014 and charged with operating a motor vehicle while intoxicated, third offense (OWI-3rd) and other charges.  Several months later, while on bond for the 2014 offense, he was again arrested and charged with OWI-3rd and other charges.  He ultimately pleaded guilty to OWI-3rd in each case in exchange for dismissal of the remaining charges.  The trial court sentenced defendant on both offenses to serve consecutive prison terms of 2 to 5 years.  Defendant moved to withdraw his pleas on the basis that the trial court had not informed him at the plea-proceeding that he faced the possibility of consecutive terms.  The trial court denied the motion.  The Court of Appeals, in a split unpublished opinion, affirmed.  The Supreme Court has directed oral argument on defendant’s application for leave to appeal to address whether, when a defendant’s plea of guilty or no contest will subject him to the trial court’s discretion to impose consecutive sentences, the court must advise the defendant of that possibility before the court may accept the plea. See US Const, Am XIV; Const 1963, art 1, § 17; MCR 6.302(B).  ​