Withdrawal of guilty plea; MCR 6.310; People v Pointer-Bey; Ineffective assistance of counsel; Prejudice

The court held that defendant failed to establish entitlement to withdrawal of his guilty plea because the plea was knowingly, voluntarily, and accurately entered. Defendant pled guilty to possession of meth after repeatedly being advised by the trial court that no plea agreement existed and that no sentencing promises were being made. After sentencing guidelines were calculated higher than defendant expected, he moved to withdraw his plea. On appeal, the court held that withdrawal was not warranted because the trial court made clear on the record that no plea deal was accepted and defendant confirmed that his plea was not induced by promises, threats, or misunderstandings, noting that “there is no absolute right to withdraw a guilty plea once the trial court has accepted it.” The court further held that defendant failed to establish ineffective assistance of counsel or prejudice where the trial court corrected any possible misunderstanding before accepting the plea. Affirmed.