Grant of resentencing; Unconditional guilty plea; People v Likine; Waiver; People v Blount; MCR 6.310(C)(3) procedure; Plea bargain & sentencing agreement; People v Smith; Jail credit; MCL 769.11b; People v Bell

The court held that the successor judge erred by granting defendant-Reed resentencing based on waived prearrest-delay and jail-credit theories after he entered an unconditional guilty plea and was sentenced under the parties’ agreement. Reed pled guilty to CSC I under a plea agreement that included a 3-to-15-year sentence and any jail credit the trial court had discretion to award. The sentencing court awarded 172 days but concluded it lacked discretion to award more. A successor judge later found a constitutional violation based on prearrest delay and granted resentencing. On appeal, the court held that an “‘unconditional guilty plea that is knowing and intelligent waives claims of error on appeal,’” and if the trial court believed the plea “was ‘not knowing and voluntary,’” it had to follow MCR 6.310(C)(3) rather than grant resentencing on a waived constitutional issue. The court also held that resentencing improperly altered the plea bargain by imposing a different agreement on the prosecution without giving it an opportunity to withdraw. Finally, the court held that there was no jail-credit error because, under Bell, when credit is not mandated by MCL 769.11b, “the trial court does not have discretion to award any additional jail credit.” Reversed.