PEOPLE v GUYTON
Docket No. 163700 . Argued on application for leave to appeal April 26 , 202 3 . Decided July 18 , 2023

. Candace R. Guyton pleaded guilty in the Kent Circuit Court to one count of armed robbery, MCL 750.529 . As part of the plea deal, the prosecution agreed not to pursue charges against defendant in an unrelated case and to recommend a sentence within the guidelines minimum range of 51 to 85 months in prison. The prosecutor also agreed to dismiss the supplemental information charging defendant as a third

- offense habitual offender. However, the amended felony in formation wrongly classified defendant as a third

- felony offender by counting a single prior conviction twice ; i n fact, defendant was eligible to be charged only as a second

offense habitual offender. The trial court, Mark A. Trusock, J., sentenced defend ant at the top of the agreed

- upon guidelines range to 84 months to 60 years in prison. Defendant later moved to withdraw her plea, arguing that it was involuntary and unknowing given that defendant was told she was avoiding a third

- offense habitual

- offend er enhancement. The trial court denied the motion, agreeing with the prosecution that defendant had received benefit from the plea despite the error. The Court of Appeals ( T UKEL , P.J., and K. F. K ELLY and G ADOLA , JJ.) affirmed the trial court’s denial of defendant’s motion in an unpublished per curiam opinion. Defendant applied for leave to appeal in the Supreme Court, and the Court ordered and heard oral argument on the application. 509 Mich 920 (2022). In an opinion by Justice W ELCH , joined by Justices B ERNSTEIN , C AVANAGH , and B OLDEN , the Supreme Court held : The misinformation regarding defendant’s habitual

- offender enhancement rendered defendant’s guilty plea involuntary and unknowing. Accordingly, the case had to be remanded to the trial court to give defendant the opportunity to elect to allow her plea to stand or withdraw her plea

. 1. The Fourteenth Amendment requires that a guilty or no

- contest plea by a defendant be voluntary and knowing. These requirements are incorporated by MCR 6.302, which provides that a court may not accept a plea of guilty or no contest unless it is convi n ced that the plea is “understanding, voluntary, and accurate.” Courts must substantially comply with the requirements of MCR 6.302. Caselaw provides that automatic invalidation of a plea due to a Michigan Supreme Court Lansing, Michigan 

# Syllabus Chief Justice: Elizabeth T. Clement Justices: Brian K. Zahra David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch Kyra H. Bolden This syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader
. Reporter of Decisions: Kathryn L. Loomisviolation of MCR 6.302 is on ly required if the defendant establishes that the waiver was not understandingly or voluntarily made. F or a plea to be voluntarily and knowingly given, the accused must be fully aware of the direct consequences of the plea. Further, under Brady v United States , 397 US 742 (1970), the waiver of constitutional rights that are implicated in accepting a plea must be a knowing and intelligent act done with “ sufficient awareness of the relevant circumstances and likely consequences. ” Thus, a trial court may, i n certain circumstances, be required to inform a defendant about facts not explicitly required by MCR 6.302 in order to comply with the due

- process requirements that the plea be understanding, voluntary, and accurate. 2. In this case, the focal inquiry wa s not whether defendant received a benefit from the plea deal, but whether she was adequately informed and aware of the relevant circumstances surrounding the entering of the plea and the waiving of constitutional rights. Awareness of the accurate habit ual

- offender enhancement is clearly a relevant circumstance. Similarly, a plea may not be understanding and voluntary when a defendant is misinformed of the benefits of the plea. D efendant’s waiver of her constitutional rights, through her guilty plea, was induced, in part, by the prosecution’s and trial court’s assertions of an exaggerated benefit of the plea in lieu of proceeding to trial. Defendant was led to believe that her gu ilty plea would result in the dismissal of a third

- offense habitual

- offender enhancement

— a likely consequence and relevant circumstance of her plea

— rather than a second

- offense habitual

- offender enhancement. Specifically, defendant agreed to the plea deal believing that charges against her in a separate, unrelated case would be dismissed and that the top end of her guidelines minimum sentence range would be reduced by 42 months (from 127 months to 85 months) . But the benefit she received in relation to th e dismissal of the habitual

- offender enhancement , given that she was only a second

- offense habitual offender and not a third

- offense habitual offender, was a reduction of only 21 months from the top end of her minimum sentence range (from 106 months to 85 months)

. Thus, the misinformation had a significant impact on what defendant believed her minimum sentence could have been if she had proceeded to trial. The trial court made an error of law and thus abused its discretion by not allowing defendant to wit hdraw her plea in light of this misinformation . Because of the misinformation, defendant did not appreciate what she was avoiding by pleading guilty, and therefore, her plea was not made understandingly or voluntarily. 3. When a prosecutor seeks an enh anced sentence, it is their responsibility to ensure that the defendant receives notice and that such a sentence is legally permissible. It is not the defendant’s obligation to remember the specific details of their criminal history in order to ensure tha t the charging information is correct. The mere fact that a defendant may correct their criminal record under MCL 769.13(4) does not absolve the prosecution of its responsibility to provide accurate notice to the defendant. It is the burden of the prosec ution to properly notify a defendant of their habitual

- offender status. Part III of the Court of Appeals opinion reversed, remainder of the Court of Appeals opinion vacated, and case remanded to the trial court to give defendant the opportunity to elect to allow her plea to stand or withdraw her plea

.Justice Z AHRA , dissenting, joined by Chief Justice C LEMENT and Justice V IVIANO , disagreed with the majority that defendant’s plea was not understanding and voluntary. D efendant was fully informed of the p enalties and direct consequences of her plea , and she received precisely what she bargained for: a within

- guidelines sentence, calculated without any increase of the upper limit of the recommended minimum sentence range required for habitual offenders . Justice Z AHRA would have held that a defendant’s misunderstanding as to one portion of an overall favorable plea deal does not necessarily render the entire deal unknowing and involuntary ; rather, the trial court that entered the plea should assess the extent of the misinformation or misunderstanding in the context of the entire plea to determine whether the plea was understanding and voluntary and whether the defendant was indeed misled. In this case, any misunderstanding as to defendant’s habitual

- off ender status did not render her plea unknowing or involuntary, particularly in light of the substantial benefits she received from the deal. Moreover, considering the plea in its entirety, defendant was sufficiently aware of the overall benefits of the ba rgain such that she was able to voluntarily make an informed decision to enter the plea with an adequate understanding of its consequences. While defendant may have been misinformed as to the precise value of her plea deal, any misunderstanding as to her habitual

- offender status did not render her entire plea unknowing, involuntary, or inaccurate such that the trial court was required to allow her the opportunity to withdraw it. Further, this case did not involve a misunderstanding that required knowledge of substantive law or court procedure to uncover. The number of previous felonies defendant had committed was part of her personal criminal history; therefore, whether she could have been convicted as a second

- or third

- offense habitual offender was some thing she should have known. Regardless, due process does not require a per se rule that any misunderstanding in a plea agreement render s the plea unknowing and involuntary. Especially given that trial courts may deny requests for plea withdrawal based o n substantive compliance with MCR 6.302, the extent of the misunderstanding should matter in determining whether a plea was understanding, voluntary, and accurate and whether a defendant was sufficiently aware of the relevant circumstances and likely conse quences of a plea.FILED July 18, 2023

S T A T E O F M I C H I G A N
SUPREME COURT

PEOPLE OF THE STATE OF MICHIGAN , Plaintiff

- Appell ee ,

v No. 163700
CANDACE RENEE GUYTON , Defendant

- Appell ant

.

BEFORE THE ENTIRE BENCH
W ELCH , J

. In this case, we must decide whether defendant Candace Renee Guyton ’s guilty plea

was unknowing and involuntary because it was based on inaccurate information, thus rendering the plea constitutionally defective

. D efendant ple ade d guilty to one count of armed robbery, MCL 750.529 , in exchange for multiple benefits, including the dismiss al
of the supplemental information ch arging her as a third

- offense habitual offender

. D efendant argues that her plea deal was flawed because she could only be validly charged Michigan Supreme Court Lansing, Michigan 

# OPINION Chief Justice: Elizabeth T. Clement Justices: Brian K. Zahra David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch Kyra H

. Bolden2 as a second

- off ense habitual offender. We agree, and w e hold that this erroneous information conveyed during defendant’s plea proceedings and the legally flawed agreement that followed render her guilty plea invalid. Therefore , we reverse Part III of the Court of Appea ls opinion addressing plea withdrawal, vacate the remainder of the opinion, and remand this case to the Kent Circuit Court to give defendant the opportunity to elect to withdraw her invalid guilty plea. MCR 6.310(C)(3).
I. BACKGROUND A. FACTUAL AND PROCED URAL HISTORY
Defendant and codefendant Kenneth Agnew were charged with attempted robbery of a Popeye’s fast

- food restaurant. The y were both accused of having worn masks , and Agnew was accused of show ing an employee what appeared to be a gun while d efendant carried a plastic bag. When the employee resisted opening the cash register, defendant and Agnew alleged ly fled the store. According to witness testimony presented by the prosecution at the prelimina ry examination , t he “gun” that Agnew displayed was actually

a toy gun that Agnew had stolen from a Meijer store that same night. Defendant maintained that she did not know what Agnew had taken from the Meijer store. She was not armed with any weapon. Th e Grand Rapids Police Department recovered Agnew’s phone from

an Olive Garden , where he had allegedly acted alone in a robbery earlier that same day

. When questioned by the police, Agnew implicated defendant in the attempted robbery of the Popeye’s . Defe ndant thereafter admitted her involvement in the robbery to another officer and in jail phone calls with Agnew. Defendant subsequently ple ade d guilty to one count of armed robbery , MCL
750.529. In exchange for the plea, t he prosecution agreed not to pursu e charges in a n3 unrelated case and to recommend a sentence within the guidelines minimum range of 51 to 85 months’ imprisonme nt. In addition, the prosecution agreed to dismiss the supplemental information ch arging defendant as a third

- offense habitual offender. However, critical to this appeal, defendant was not legally eligible to be charged as a third

offense habitual offender at the time of the plea offer

. I nstead, she was only eligible to be charged as a second

- offense habitual offender d ue to a prior drug offense. The amended charging information incorr ectly classified defendant as a third

- felony offender by double

counting a single prior conviction. Neither the prosecutor nor the trial court corrected this
error or informed defendant o f it. The trial court sentenced defendant to the top of the agreed

- u pon guidelines range: 84 months to 60 years’ imprisonment . For his role in the incident, codefendant Agnew, who had a prior armed robbery conviction, was sentenced pursuant to a plea ag reement to 51 months to 80 years ’ imprisonment for armed robbery. In a postconviction motion, defendant requested to withdraw her plea , arguing that it was involuntary and unknowing given th at the prosecutor had incorrectly informed her that she was avoid ing a third

- offense habitual offender enhancement

. A lternatively, defendant argued that she was entitled to resentencing because she was sentence d on the basis of an inaccurate assumption that Agnew had a real, functioning , and lethal gun. Defendant requested that the trial court correct the presentence investigation report (PSIR) to clarify that the “gun” in Agnew’s possession was fake. The trial court denied the motion for plea withdrawal , agreeing with the prosecut ion

t hat defendant received the benefits of the plea bargain. The court also denied defendant ’s request for resentencing, reasoning that it did not matter whether the gun was real or fake4 because it did not rely on that information in sentencing defendant. Th e trial court did, however, order that a supplement to the PSIR could be submitted explaining that the Popeye’s employee did not think that the alleged gun flashed by Agnew was real.
O n direct appeal, the Court of Appeals affirmed the denial of defendant ’s motion to withdraw her guilty plea

. People v Guyton , unpublished per curiam opinion of the Court of Appeals, issued September 2, 2021 (Docket No. 354221 ), pp 2

- 4. The panel first noted

t hat defendant’s guidelines minimum sentenc e range without enhancement was 51 to 85 months ’ imprisonment

. Th e top end of that minimum sentence range would have increase d
to 106 months if defendant had been charged as a second

- offense habitual offender and to 127 months if she had been charged as a third

- offense habitual offender. MCL 777.21;
MCL 777.62. The C ourt of Appeals noted that defendant had agree d to the plea deal believing that charges against her in a separate, unrelated case would be dismissed and that the top end of her guidelines minimum sentence range would be reduced from 127 months (as a n alleged third offender) to 85 months

. But with the correct second

- offense habitual offender enhancement , the top end of her minimum sentence range would have been 106 months

. Thus , the misinformation led defendant to believe that , by taking the deal, the top end of
her recommended minimum sentence would be reduced by 42 months. But the benefit she actually received , given that she wa s a second

- offense habitual offender and n ot a t hird

offense habitual off ender , was a reduction of only 21 months from the top end of her minimum sentence range

. The Court of Appeals panel thus acknowledged that defendant did not receive the actual benefit of the bargain she thought she had struck. It concluded, however, that defendant still obtained significant benefits as a result of the plea. The C ourt5 held that, al though there were errors in the plea

- taking process, the trial court and prosecut ion substantially complied with MCR 6.302.
Defendant sought leave to appeal in this Court, and we ordered additional briefing and oral argument to address whether the appellant’s plea was not understanding, accurate and voluntary because the prosecutor misinformed her that by pleading guilty she would not be prosecuted as a third habitual offender when, in fact, she could only have been prosecuted as a secon d habitual offender. [ People v Guyton , 509 Mich 920 , 920 (2022)

. ]
B. LEGAL BACKGROUND A guilty or no

- contest plea constitutes a waiver of several constitutional rights and thus triggers specific protections for the defendant

. T he “Due Process Clause of the
Fourt eent h Amendment requires that [ a ] plea be voluntary and knowing.” People v Cole , 491 Mich 325, 333; 817 NW2d 497 (2012); US Const, Am X IV

. Our court rules directly incorporate these due process principles

. MCR 6.302(A) ( “The court may not accept a plea of guilty or no lo contendere unl e ss it is convinced that the plea is understanding , voluntary,
and accurate

. ”). MCR 6.302 ( B ) to (D) set forth the process for court s to follow when accepting plea agreements. We require courts to substantial ly comply with the requirements of MCR 6.302 , such that “ ‘ whether a particular departure from [MCR 6.302] justifies or requires reversal or remand for additional proceedings will depend on the nature of the noncompliance

. ’ ” People v Saffold , 465 Mich 26 8, 273; 631 NW2d 320 (2001) (brackets omitted) , quoting Guilty Plea Cases , 395 Mich 96, 113; 235 NW2d 132 (1975). See also People v Brinkey , 327 Mich App 94, 97

- 98 ; 932 NW2d 232 (2019)

. As the Court of Appeals has previously6 held, “ [a] utomatic invalidation of a plea due to a violation of MCR 6.302 is only required if the defendant establishes ‘ that the waiver was neither understandingly nor voluntarily made, not merely that the trial court failed to strictl y comply with MCR 6. 3 02(B).’ ” Brinke y , 327 Mich App at 9 8 (citation omitted). See also Saffold , 465 Mich at 273

- 274. We have previously said that f or a plea to be voluntarily and knowingly given, the accused “must be fully aware of the direct consequences of the plea,” and the penalty that will be imposed is “[t]he most obvious ‘direct consequence’ of a conviction

. . . .” Cole , 491 Mich
at 333

- 334 (quotation marks and citation s omitted) . See also People v Pointer

- Bey , 32 1 Mich App 609, 616; 909 NW2d 523 (2017 ) ( “ [ T ] he d efendant must be f ully aware of the direct consequences of the plea

. ” ) (quotation marks and citation omitted). But that is not the whole story: “[w] aivers of constitutional rights not only must be voluntary but must be knowing, intelligent acts done with sufficient awarene ss of the relevant circumstances and likely consequences. ” Brady v United States , 397 US 742, 748 ; 90 S Ct 1463; 25 L Ed 2d 747 ( 1970) (emphasis added).
I t follows that “b ecause the understanding, voluntary, and accurate components of MCR 6.302(A) are premised on the requirements of constitutional due process, a trial court may, in certain circumstances, be required to inform a defendant about facts not explicitly required by MCR 6.302.” People v Blanton , 317 Mich App 107, 119 ; 894 NW2d 613 (2016) (quotation marks, citation, and b rackets omitted)

. The focal inquiry in this particular case is thus not whether defendant received a benefit from the bargained plea agreement, b ut rather whether defendant was adequately informed and aware of the “relevant circumstances” surrounding the entering of the plea and the waiving of crucial constitutional rights.7 Awareness of the accurate habitual offender enhancement is clearly a rele vant circumstance. We have previously recognized that for a defendant to truly be advised of a maximum possible sentence when entering a plea deal , as required by MCR 6.302(B)(2), the defendant must be advised of the maximum possible prison sentence as mo dified by a habitual offender enhancement

. People v Brown , 492 Mich 684, 693

- 694; 822 NW2d 208 (2012)

. Otherwise, the defenda nt has not been advised of the true potential maximum
sentence. Id . at 694. Specifically, we held in Brown that because the defendant was not advised of the consequences of a habitual offender enhancement, he was not accurately
informed of the consequences of his plea, his plea was not understanding, and he was entitled to withdraw his plea if he chose

. Id . at 701

- 702. Similarly , d epending on the circumstances, a plea may not be understanding and voluntary when a defendant is misinformed of the benefits of the plea

. See People v
Graves , 2 07 Mich App 217, 219

- 220; 523 NW2d 876 (1994) ( holding that , when the prosecution promised to dismiss a charge with which the defendant could not legally be charged, the defendant was entitled to withdraw his guilty plea because the plea was not understanding and voluntary)

. “ There is no absolute right to withdraw a guilty plea once the trial court has accepted it.” People v Patmore , 264 Mich App 139, 149 ; 693 NW2d
385 (2004). However, b oth our common law and MCR 6.310 give a trial court discretion to grant or deny a motion t o withdraw a plea after sentencing. People v Davidovich , 463 Mich 446, 451 ; 618 NW2d 579 (2000). T o withdraw a plea, a defendant must establish “an error in the plea proceeding that would entitle the defendant to have the plea set aside[.]” MCR 6.310(C) (3)

.8 II. ANALYSIS A. STANDARD OF REVIEW When reviewing a trial court’s denial of a defendant’s motion to withdraw a guilty plea, we must determine if the tria l court abused its discretion. B rown , 492 Mich at 688.
A trial court “abuses its discretion if it s decision falls outside the range of principled
outcomes.” People v Shami , 501 Mich 243, 251; 912 NW2d 526 (2018) (quotation marks and citations omitted).
B. DEFENDANT’S PLEA WAS NOT UNDERSTANDING OR VOLUNTARY Our court rules are designed to comply with the Due Process Clause of the
Four teen th Amendment. See MCR 6.302; US Const, Am X IV; Blanton , 317 Mich App at 119

. While due process protections require that all pleas are “understanding, voluntary, and accurate , ” and MCR 6.302(A) incorporate s these constitutional requirements, the rules themselves provide little guidance on the specific issue presented in this case. For example,

o ur court rules are very clear that the failure of a court to advise a defendant of a minimum and maximum penalty for their offense renders a plea unknowing. See MCR 6.302(B)(2) (“[T]he court must advise the defendant

. . . and determine that each defendant understands

. . . the maximum possible prison sentence for the offense and any mandatory minimum sentence requi red by law[.]”); see also Blanton , 317 Mich App at 119 . But ensuring an individual defendant actually understands the relevant circumstances and likely consequences of pleading guilty sometimes obligates the trial court to go beyond what the court rules r equire. Indeed, we have explicitly held that an applicable habitual
offender sentence enhancement is a direct consequence of a guilty plea and that such information should be conveyed to defendants during their plea proceedings, even though9 it is not expl icitly required by MCR 6.302. Brown , 492 Mich at 69 3

- 69 4 & n 35 , 701

- 702

. See also People v Shelton , 412 Mich 565, 569; 315 NW2d 537 (1982) (recognizing that “[t]he purpose of requiring a prosecutor to proceed ‘promptly’ to file the [habitual offender notice] is to provide the accused with notice, at an early stage in the proceedings, of the potential consequences should the accused be convicted of the underlying offense”).
T he question we are presented with here is not about defendant having a lack of information . Rather, the question we must address is the effect that inaccurate information has on a guilty plea’s validity. Stated differently, can a plea be understanding or knowingly
entered into when it wa s, in significant part, induced on t he basis of an inaccurate understanding of the minimum and maximum possible prison sentence? We hold that it cannot be. As stated above, “[w] aivers of constitutional rights not only must be voluntary but must be knowing, intelligent acts done with suffici ent awareness of the relevant
circumstances and likely consequences. ” Brady , 397 US at 748 (emphasis added). Being advised of the likely consequences of a plea is only one part of the constitutional requirement. Generally, a defendant must have “suffici ent awareness of the relevant circumstances.” Id . Whe n a defendant has been misinformed by prosecutors about the benefit of the bargain they have struck, the defendant does not have sufficient awareness of the relevant circumstances.
In People v Lawson , 75 Mich App 726, 729

- 730; 255 NW2d 748 (1977), the
defendant was told that the plea offer included the prosecut ion ’s promise not to request consecutive sentences, even though the crime to which he agreed to plea d only allowed for concurrent sentencing. The Court in Lawson concluded that the defendant had accepted10 the plea on the basis of “an exaggerated belief in the benefits of his plea and that nothing was done by the court, the prosecutor or his counsel to correct his misapprehension.” Id

. at 730 , ci ting Hammond v United States , 528 F2d 15, 19 (CA 4, 1975) . The court then held that because the “ defendant surrendered his right to trial in apparent misapprehension of the value of commitments made to him, he should be allowed to withdraw his plea. ”
Law son , 75 Mich App at 730

. We conclude that , like in Lawson , d efendant’s waiver of her constitutional rights through her guilty plea was induced, in part, by the prosecution’s and trial court’s assertion s of an exaggerated benefit of the plea in lieu of proceeding to trial

. Specifically, defendant was led to believe that her guilty plea would result in the dismissal of a third

- offense habitual offender sentenc e enhancement

— a likely consequence and relevant circumstance of her plea

— when she wa s subject only to a second

- offense habitual offender enhancement

. This had a significant practical impact on what defendant perceived her minimum sentence c ould have been if she had proceeded to trial

. As in Lawson , there was
no correction on the record of the misinformation by the prosecutor, judge, or defense attorney. To not allow defendant to withdraw her plea was an error of law and an abuse of discre tion by the trial court

. See People v Franklin , 500 Mich 92, 100; 894 NW2d 561 (2017) (stating that the trial court necessarily abuse s its discretion when it makes an error of law). T he Court of Appeals likewise erred by affirming her conviction. As the Court of Appeals noted in this case , “ the misinformation led defendant to
believe that her bargain included insulating her minimum sentence from potentially 42 additional months [3.5 years] , when the benefit she actually received was insulation from potentially just 21 additional months [1.75 years]

. ” Guyton , unpub op at 4. Th e difference11 of n early two years between the potential minimum sentence defendant thought she was avoiding and what she would actually avoid was significant. This was a relevant circumstance of the plea. Rather than focusing on whether a defendant receive s a ny benefit
fr om the bargained

- for plea, like the Court of Appeals and dissent d o in this case , Lawson provides a better methodology for evaluating this type of error in the plea

- taking process

. Based on the inaccurate third

- offense habitual offender charging informati on, d efendant had an ex aggerated belief in the benefits of the plea agreement, and she consequently accepted the agreement to avoid a sentence that could not legally be applied to her. And again , l ike in Lawson , no one did anything to correct defendant’s exaggerated belief. The prosecution ’ s error affected the terms of defendant’s plea agreement, and defendant was not informed of this error before entering her plea. In turn, this
misinformation led defendant to bargain for the dismissal of her habitual offender enhancement without “sufficient awareness of the relevant circumstances” because the prosecution , regardless o f whether the error was unintentional, exaggerated the degree of
enhancement. 1 Brady , 397 US at 748

. 2 It is also notable that defendant’s lack of sufficient

1 The inaccurate third

- offense habitual offender notice filed in this case appears to have been an unintentional mistake. The record contains no information to the contrary. Nonetheless, that has no bearing on our analysis.

2 N otably, we do not hold that defendant’s plea was illusor y. Recently, we stated: “ A defendant may be entitled to withdraw a guilty plea if the bargain on which the plea was based was illusory, meaning that the defendant received no benefit from the agreement.” People v Stovall , 510 Mich 301, 311; 987 NW2d 85 ( 2022) (quotation marks omitted; emphasis added) , quoting People v Harris , 224 Mich App 130, 132 ; 568 NW2d 149 (1997)

. Defendant here bargained to avoid a habitual offender enhancement and another armed robbery charge. Therefore, she did receive some bene fit from her plea, even though the benefit was exaggerated

.12 awareness was shared by the prosecution and trial court in this case, neither of which acknowledged that the error occurred during the plea

- taking process. This affected the
voluntariness and defendant’s understanding of her guilty plea because d efendant and the prosecution were not bargaining with a full understanding of the factual circumstances if the case proceeded to tria l. In other words, defendant did not appreciate what she was trul y avoiding by pleading guilty. Given this fundamental misapprehension of the likely
consequences and relevant circumstances of her guilty plea, we conclude that defendant’ s plea was not und erstandingly or voluntarily made

. T he dissent believes that that this opinion opens the floodgates and that “any misinformation provided to a defendant, no matter how de minimis , is seemingly sufficient
to set aside a plea.” We disagree. The mistake here was not a minor one
. In this case, a clear legal error reg arding the applicability of habitual offender notices misled defendant into believing that her potential minimum sentence was far greater than what was legally possible

. Her plea was therefore involuntary and unknowing. Not every mistake or misunderstanding in the plea process will rise to the level of being involuntary or unknowing , but because the legal error in this case was both clear and significant , we find that defendant’s plea was involuntary and unknowing. It is beyond the scope of this opinion to determine what other errors might undermine a plea, but we do not hold that any minor error will invalidate otherwise valid pleas

. As a final matter, w e reject the prosecution’s and the dissent’s argument that
defendant should have been aware of her own criminal history and its impact on her habitual offender status and that she is now inappropriately using her lack of diligence to
appe a l. When a prosecut or seeks an enhanced sentence, it is their responsibility to ensure13 that the defenda nt receives notice and that such a sentence is legally permissible. See MCL 769.13(1) (“In a criminal action, the prosecuting attorney may seek to enhance the sentence
of the defendant

. . . by filing a written notice of his or her intent to do so

. . . .”); MCL 769.13(2) (“A notice of intent to seek an enhanced sentence

. . . shall list the prior conviction or convictions that will or may be relied upon for the purpos es of sentence enhancement.”). Criminal records can be complicated , given that one crim inal episode often includes multiple charges. The obligation does not fall upon defendants to remember the specific details of their prior record. 3 The m ere fact that a defendant may correct their
criminal record , MCL 769.13(4) , does not absolve the pro secution of its responsibility to provide accurate notice to a defendant. In short, it is the prosecution that bears the burden of properly notifying a defendant of their habitual offender status. Further, the dissent’s
assertion that defendants may now us e a misunderstanding during plea proceedings as an appellate parachute is unpersuasive. There would be no reason for a defendant to hide information during plea proceedings that would help the defendant potentially obtain a better plea deal. Defendant here would have had the advantage of negotiating with a greater understanding of how much prison time she actually faced instead of having to go through a prolonged appellate process in which the end result would be , at best, a plea withdrawal.
D efendants and their counsel well understand that they are better served by negotiating with accurat e information from the onset.

3 For example, if a defendant engaged in armed robbery, they could plead to multiple crimes that all a rose out of that one robbery. While a defendant may understand that they pleaded to the crime, they may not remember how many felonies or misdemeanors arose out o f a single plea proceeding

.14 III. CONCLUSION
The misinformation regarding defendant’s habitual offender enhancement and the failure by the court, prosecutor, and defense attorney to correct the record rendered her plea involuntary and unknowing

. Therefor e , we reverse Part III of the Court of Appeals’ opinion, vacate the remainder of the opinion, and remand to the trial court for proceedings not inconsistent with this opinion. In particular, the defendant must be given the opportunity to elect to allow he r plea to stand or withdraw her plea. MCR 6.310(C)(3). We do not retain jurisdiction.

Elizabeth M. Welch Richard H. Bernstein Megan K. Cavanagh Kyra H. BoldenS T A T E O F M I C H I G A N
SUPREME COURT

PEOPLE OF THE STATE OF MICHIGAN , Plaintiff

- Appell ee ,

v No. 16 3700
CANDACE RENEE GUYTON , Defendant

- Appell ant

.

Z AHRA , J

. ( dissenting )

. I respectfully dissent. Defendant pleaded guilty to armed robbery pursuant to a plea agreement. 1 In exchange for defendant’s guilty plea, the prosecutor agreed to dismiss a separate armed

- robbery case in its entirety, as well as a third

- offense habitual

- offender enhancement in the present case . The prosecutor also agreed that defendant would receive a minimum sentence within the guidelines range of no more than 51 to 85 months in prison.
Defendant was subsequently sentenced within the agreed

- upon guidelines mini mum
sentence range to 84 months to 60 years in prison . After sentencing, defendant sought to withdraw her guilty plea upon discovering that she qualified only as a second

- offense habitual offender, not a third

- offense habitual offender, 2 explaining that she did not understand the full context of her plea agreement. The trial court denied defendant’s

1 MCL 750.529

.
2 Defendant was only eligible to be charged as a second

- offense habitual offender at the time of the plea offer. The amended charging information incorrectly classified defendant as a third

- felony offender b y double

- counting a single prior conviction.2 motion, finding that defendant’s guilty plea was understanding, voluntary, and knowing despite the mistake regarding her habitual

- offender status. The Court of Appeals affirmed
the trial court on this issue. 3 The majority now reverses this portion of the Court of Appeals’ opinion, holding that the misinformation regarding defendant’s habitual

- offender enhancement and the failure by the court, prosecutor, an d defense attorney to correct the
record rendered defendant’s plea involuntary and unknowing

. In holding that defendant’s misunderstanding as to one portion of her overall favorable plea deal rendered the entire deal unknowing and involuntary, the majority comes dangerously close to applying a per se rule that a defendant is entitled to withdraw his or her plea whenever he or she is misinformed as to any nuance or “relevant circumstance” that goes into a plea deal , no matter how slight

. Instead, I believe that assessing the nature of the misinformation and the extent of the misunderstanding in the context of the plea in its entirety is necessary to determine whether the plea was understanding and voluntary. Such an assessment should be d one first by the trial court that took the plea and had an opportunity to assess the underlying proceedings and whether the defendant was indeed misled. Here, I conclude that any misunderstanding as to defendant’s habitual

- offender status did not render h er plea unknowing or involuntary, particularly in light of the substantial benefits that defendant undisputedly received by entering into the plea agreement. 4 Considering defendant’s plea deal in its entirety, defendant was sufficiently

3 People v Guyton , unpublished per curiam opinion of the Court of Appeals, issued September 2, 2021 (Docket No. 354221 ).

4 Additionally, the fact that information about defendant’s prior convictions was known or should have been known to her works substantially against her claim of appeal.3 aware of the over all benefits of the bargain such that she was able to voluntarily make an informed decision to enter the plea with an adequate understanding of the consequences of that plea

. 5 I would therefore conclude that the trial court did not abuse its discretion by denying defendant’s motion to withdraw her plea . I would affirm the judgment of the Court of Appeals.
I. LEGAL BACKGROUND “There is no absolute right to withdraw a guilty plea once the trial court has accepted
it.” 6 A request to withdraw a plea after sentencing is controlled by MCR 6.310(C), which requires a defendant to establish an error in the plea proceedings. MCR 6.310(C)(3) provides: If the trial court determines that there was an error in the plea proceeding that would entitle the d efendant to have the plea set aside, the court must give the advice or make the inquiries necessary to rectify the error and then give the defendant the opportunity to elect to allow the plea and sentence to stand or to withdraw the plea. If the defendant elects to allow the plea and sentence to stand, the additional advice given and inquiries made become part of the plea proceeding for the purposes of further proceedings, including appeals. Plea proceedings are governed by MCR 6.302, which provides , in re levant part , as follows: (A) Plea Requirements. The court may not accept a plea of guilty or nolo contendere unless it is convinced that the plea is understanding,

5 See Brady v United States , 397 US 742, 748 ; 90 S Ct 1463; 25 L Ed 2d 747 (1970) ( holding that, in order to constitute a valid plea, the plea must be a voluntary and a “knowing, intelligent act[] done with sufficient awareness of the relevant circumstances and likely consequences” ).

6 People v Patmore , 264 Mich App 139, 149 ; 693 NW2d 385 (2004)

.4 voluntary, and accurate. Before accepting a plea of guilty or nolo contendere, the court must place the defendant o r defendants under oath and personally carry out subrules (B)

- (E). (B) An Understanding Plea. Speaking directly to the defendant or defendants, the court must advise the defendant or defendants of the following and determine that each defendant understand s: (1) the name of the offense to which the defendant is pleading; the court is not obliged to explain the elements of the offense, or possible defenses; (2) the maximum possible prison sentence for the offense and any mandatory minimum sentence required b y law

. . . ; (3) if the plea is accepted, the defendant will not have a trial of any kind, and so gives up the rights the defendant would have at a trial

. . . [;]

* * * (4) if the plea is accepted, the defendant will be giving up any claim that the p lea was the result of promises or threats that were not disclosed to the court at the plea proceeding, or that it was not the defendant’s own choice to enter the plea [.]

* * * (C) A Voluntary Plea. (1) The court must ask the prosecutor and the defendan t’s lawyer whether they have made a plea agreement. If they have made a plea agreement, which may include an agreement to a sentence to a specific term or within a specific range, the agreement must be stated on the record or reduced to writing and signed by the parties. The parties may memorialize their agreement on a form substantially approved by the [ S tate C ourt A dministrative O ffice] . The written agreement shall be made part of the case file. (2) If there is a plea agreement, the court must ask the prosecutor or the defendant’s lawyer what the terms of the agreement are and confirm the terms of the agreement with the other lawyer and the defendant.

* * *5 (4) The court must ask the defendant: (a) (if there is no plea agreement) whether anyone has promised the defendant anything, or (if there is a plea agreement) whether anyone has promised anything beyond what is in the plea agreement; (b) whether anyone has threatened the defendant; and (c) whether it is the defendant ’ s own choice to plead guilty. (D) An Accurate Plea. (1) If the defendant pleads guilty, the court, by questioning the defendant, must establish support for a finding that the defendant is guilty of the offense charged or the offense to which the defendant is pleading.

* * * (E) Additional Inquiries. On completing the colloquy with the defendant, the court must ask the prosecutor and the defendant ’ s lawyer whether either is aware of any promises, threats, or inducements other than those already disclosed on the record, and whether the court has complied with subrules (B)

- (D). If it appears to the court that it has failed to comply with subrules (B)

- (D), the court may not accept the defendant ’ s plea until the deficiency is corrected. MCR 6.302(A)’s requirement th at a plea be “ understanding, voluntary, and
accurate ” is “premised on the requirements of constitutional due process

. . . .” 7 Strict compliance with MCR 6.302 is not required

. 8 Rather, this Court has “ adopted a doctrine of substantial compliance, ” and “ ‘ whether a particular departure [ from the requirements
of MCR 6.302 ] justifies or requires reversal or remand for additional proceedings will depend on the nature of the noncompliance. ’ ” 9 “Automatic invalidation of a plea due to a

7 Peopl e v Cole , 491 Mich 325, 332 ; 817 NW2d 497 (2012).

8 People v Brinkey , 327 Mich App 94, 9 8; 932 NW2d 232 (2019 ).

9 People v Saffold , 465 Mich 268, 273; 631 NW2d 320 (2001) (brackets omitted) , quoting Guilty Plea Cases , 395 Mich 96, 113; 235 NW2d 132 (1975).6 violation of MCR 6. 302 is only required if the defendant establishes ‘ that the waiver was neither understandingly nor voluntarily made, not merely that the trial court failed to strictly comply with MCR 6

. [ 3 ] 02(B).’ ” 10 “In order for a plea to be voluntary and understanding , the defendant must be fully aware of the direct consequences of the plea.” 11

“ The penalty to be imposed is the most obvious direct consequence of a conviction. ” 12

“ Therefore, MCR 6.302(B)(2) requires the trial court to advise a defendant, prior to the defendant ’ s entering a plea, of ‘ the maximum possible sentence for the offense and any mandatory minimum sentence required by law

. . . . ’ ” 13 “ When a defendant is not fully informed about the penalties to be imposed, there is a clear defect in the pl ea proceedings because the defendant is unable to make an understanding plea under MCR 6.302(B).” 14
II. ANALYSIS
I would affirm the judgment of the Court of Appeals. While I agree with the prosecution that the trial court substantially complied with MCR 6.3 02, substantial compliance is not the sole inquiry. Even a plea that complies with this rule might be invalid and subject to withdrawal under due

- process requirements if it was not understanding,

10 Brinkey , 327 Mich App at 98 ( citation omitted).

11 People v Pointer

- Bey , 321 Mich App 609, 616; 909 NW2d 523 (2017) (quotation marks and citation omitted)

.
12 Id . (quotation marks and citation omitted).

13 Id

. , quoting People v Brown , 492 Mich 684 , 689 ; 822 NW2d 208 (2012 ).

14 People v Blanton , 317 Mich App 107, 119; 894 NW2d 613 (2016) ( quotation marks and citation omitted).7 voluntary, and accurate. 15 Nonetheless, I disagree with th e conclusion expressed in the majority opinion that defendant’s plea was not understand ing and voluntary. While
defendant may have been misinformed as to the precise value of her plea deal, any misunderstanding as to her habitual

- offender status did not render her entire plea unknowing, involuntary, or inaccurate such that the trial court was required to allow her the opportunity to withdraw it. From the outset, there is no dispute whether defendant was fully informed of the penalt ies and direct consequences of her plea . She was. That she did not fully comprehend how good of a relative bargain the deal provided does not detract from her knowledge of the direct consequences of the actual plea bargain to which she agreed. She expli citly understood that, i n exchange for her plea, she would be sentenced to a minimum sentence within the guidelines range of 51 to 85 months without any sentencing enhancement, and she was aware that a separate case , in which she was charged with armed rob bery , would be dismissed. Defendant explicitly informed the trial court that she understood the plea
deal. Regardless of whether she was properly charged as a second

- or third

- offense habitual offender, defendant received precisely what she bargained for : a within

- guidelines sentence, calculated without any increase of the upper limit of the recommended minimum sentence range required for habitual offenders under MCL 777.21(3)(a) through (c). This

15 See Cole , 491 Mich at 332 (“While we agree that MCR 6.302(B) through (E) constitute explicit requirements imposed on a trial court conducting a plea hearing, the broader directive of MCR 6.302(A) that the plea must be ‘understanding, voluntary, and accurate’ might, in a given proceeding, encompass more than the explicit re quirements of the remainder of the court rule. S pecifically, the ‘ understanding, voluntary, and accurate ’ components of subrule (A) are premised on the requirements of constitutional due process, which might not be entirely satisfied by compliance with su brules (B) through (D). ”).8 is not a case in which a defendant plead ed guilty expecti ng one sentence and received a much harsher sentence; to the contrary, defendant here received exactly what she bargained
for and expect ed

. At no time during the sentencing hearing did she express concern over the terms of her plea bargain.
A majority of this Court nonetheless concludes that defendant’s plea was unknowing and involuntary because she misunderstood the precise value of the benefits that she received . That is, the Court concludes that defendant’s plea was not understanding or voluntary because “ defendant’s waiver of her constitutional rights through her guilty plea was induced, in part, by the prosecution’s and trial court’s assertion s of an exaggerated benefit of the pl ea in lieu of proceeding to trial ,” which “ had a significant practical impact on what defendant perceived her minimum sentence could have been if she had proceeded
to trial. ” According to the majority, “[t]his affected the voluntariness and defendant’s

un derstanding of her guilty plea because defendant and the prosecution were not bargaining with a full understanding of the factual circumstances if the case proceeded to trial. ” I do not contest the legal premise that some misunderstandings during the plea process might render a plea unknowing and involuntary . But this i s not such a case. It should not be lost on anyone that defendant herself was in the very best position to know how many prior felony convictions she had when negotiating and entering into the plea agreement. Unlike a misunderstanding that requires knowledge of substantive law o r court procedure to uncover, whether defendant could have been convicted as a second

- or third

- offense habitual offender in light of the number of her previous felo nies was a fact
that she either knew or sh ould have known given that it was part of her personal criminal history

. The majority places the full responsibility for this error on the prosecution, citing9 the statutory sub sections allowing the prosecut ion to file a notice that it is seeking to enhance a defendant’s sentence as a habitual offender. 16 However, the majority fails to acknowledge the subsection of the statute that allows a defendant to file a motion challenging the accuracy of the prior convictions listed in the habitual

- offender notice. 17 This is not to say that the statute placed the burden on defendant to inform the court of her
habitual

- offender status. Still, it must be acknowledged that the very misinformation that defendant relies on in arguing that her plea was unknowing and involuntary was a misstatement of her own prior crimin al history , which was already known or should have
been known to her and which , under the statute, she had the ability to correct

. 18 In any event, assuming that defendant was indeed unaware of her habitual

- offender enhancement status, I cannot agree with h er that any misunderstanding as to the terms or benefits of a plea agreement entitles a defendant to the opportunity to withdraw that plea. Due process simply does not require a per se rule that any misunderstanding in a plea agreement, no matter how slig ht, renders the plea unknowing and involuntary. Instead,
courts must consider the extent of any misunderstanding in the context of the plea deal in

16 See MCL 769.13(1) and (2).

17 See MCL 769.13(4).

18 See United States v Spencer , 836 F2d 236 , 239 (CA 6, 1987) (“[W]here a defendant is aware of the condition or reason for a plea withdrawal, at the time the guilty plea is entered , a case for withdrawal is weaker.”). Under the Court’s holding, it certainly is not hard to imagine that a defendant might notice an error in a proffered plea bargain but decline to immediately bring th at error to the court’s attention in the hope that he or she can use that error to later attempt to withdraw the plea , long after witnesses have moved and memories have faded

. The majority’s holding might therefore incentivize defendants to harbor errors such as this one to use as an appellate parachute

.10 its entirety. As noted earlier, trial courts have the ability to deny requests for plea withdrawal based o n substantial compliance with MCR 6.302 19

— which is explicitly designed to require understanding, voluntary, and accurate pleas ; thus, the extent of the misunderstanding should matter in determining whether a plea was understanding , voluntary, and accurate. While there is little Michigan jurisprudence on point, caselaw from the Supreme
Court of the United States supports th e principle that a plea is not per se invalidated whe n the defendant is misinformed about one of the benefits he or she is to receive under the
deal. In Brady v United States , the Supreme Court explained that, in order to constitute a valid plea, the plea must be a voluntary and “ knowing, intelligent act[] done with sufficient

awareness of the relevant circumstances and likely consequences.” 20 The Court also noted
that “ [t] he voluntariness of [a] plea can be determined only by considering all of the relevant circumstances surround ing it.” 21 The Supreme Court in Santobello v New York explained that if a plea “was induced by promises, the essence of those promises must in some way be made known.” 22 This caselaw supports the proposition that a defendant does not need complete awaren ess of the relevant circumstances and likely consequences of a plea ; rather, “sufficient awareness” is all that is required. 23 Santobello ’s focus on the

19 See Brinkey , 327 Mich App at 9 8

.
20 Brady v United States , 397 US at 748 (emphasis added)

.
21 Id

. at 749.

22 Santobello v New York , 404 US 257, 261

- 262 ; 92 S Ct 495; 30 L Ed 2d 427 (1971).

23 Brady , 397 US at 748.11 “essence” of the prosecution’s promise similarly implies that there is room for some misunderstanding as to the benefits of a plea deal

. On this point, I find instructive Hammond v United States

. 24 There, defense counsel informed the defendant that he faced a 90

- or 95

- year - sentence if he went to trial, when in actuality his maximum sentence could have only been 55 years. 25 The defendant pleaded guilty pursuant to a plea bargain with a maximum sen tence of 25 years and received a sentence of 20 years. 26 The court in Hammond concluded that defense counsel’s bad advice was so severe that the defendant may have been induced to enter a guilty plea that he otherwise would not have entered had he been gi ven proper advice regarding the maximum
sentence that he faced. 27 The court cautioned that not “every item of misinformation which counsel may impart vitiates the voluntariness of a plea. Each case must depend largely on
its own facts. A mistake of a fe w years in advice about the length of what would otherwise be a long term would not constitute ineffectiveness of counsel.” 28 Instead, it was the fact that defense counsel’s advice “grossly exaggerated the benefit to be derived from the pleas of guilty” t hat rendered the pleas not voluntary as a product of the ineffective assistance of counsel. 29 Although Hammond pertained to ineffective assistance of counsel, our Court of

24 Hammond v United States , 528 F2d 15 (CA 4, 1975)

. 25 Id . at 16

- 17.

26 Id . at 16.

27 Id . at 18.

28 Id

. 29 Id . at 19.12 Appeals has applied it outside that context when addressing an argument that a plea was not voluntary because of inducements made by the prosecution. 30 All of this supports my view that the extent of any misinformation or misunderstanding matters in assessing whether a defendant’s plea was voluntary and understanding

. A majority of this Court assures that “[n]ot every mistake or misunderstanding in the plea process will rise to the level of being i nvoluntary or unknowing” and that it does “not hold that any minor error will invalidate otherwise valid pleas .” Yet the majority

comes extre mely close to applying the very type of bright

- line rule that it denounces. The majority initially says that a plea cannot “be understanding or knowingly entered into when
it wa s , in significant part , induced on the basis of an inaccurate understanding of the minimum and maximum possible prison sentence [.] ” 31 But the majority opinion then goes
on to contradict itself by holding that defendant’s guilty plea must be set aside because it

“ was induced, in part , by the prosecution ’s and trial court’s assertion s of an exaggerated benefit of the plea in lieu of proceeding to trial ” and concluding that the misunderstanding had a “significant practical impact on what defendant perceived her minimum sentence could have been if she had p roceeded to trial .” 32 Under the analysis expressed in the

30 See People v Lawson , 75 Mich App 726; 255 NW2d 748 (1977).

31 Emphasis added.

32 Emphasis added. In reaching its holding, the majority relies on Brown and Lawson

. I believe that both cases are distinguishable.
In Brown , the defendant pleaded guilty as a second

- offense habitual offender to second

- degree home invasion in exchange for dismissal of other charges. Brown , 492 Mich at 687

- 688. The defendant was informed that the maximum sentence for his second

- degree home

- in vasion charge was up to 15 years in prison. Id . at 688. But because of the habitual

offender enhancement, he was ultimately sentenced to a prison term of 6 years and 313 majority opinion , any misinformation provided to a defendant, no matter how de minimis , is seemingly sufficient to set aside a plea. After all, any misinformation can “in part”

months to 22 years and 6 months , a significantly higher potential maximum sentence tha n the 15

- year sentence he was told was the maximum sentence. Id

. This Court agreed with the defendant that he should be given the opportunity to withdraw his plea, concluding that “before pleading guilty, a defendant must be notified of the maximum possi ble prison sentence with habitual

- offender enhancement because the enhanced maximum becomes the ‘maximum possible prison sentence’ for the principal offense.” Brown , 492 Mich at 69 3

- 694. Unlike Brown , this is not a case in which the trial court completely failed to inform defendant that her otherwise applicable maximum possible sentence would necessarily be enhanced by her habitual

- offender status

. Instead , defendant was informed of the exact guidelines range that she would receive, without any habitual

- offender enhancement, and that is indeed the sentence she received. Defendant was not led to believe that her potential sentence would be one term, when in actuality it would be much greater with the habitual enhancement. Defendant received the exact sen tencing range that she bargained for ; that range simply did not provide quite the benefit that she thought it did . Nothing in Brown stands for the proposition that this type of misunderstanding requires that a defendant be given the opportunity to withdra w his or her plea. Nor is Lawson dispositive

. The Court of Appeals in Lawson actually quoted Hammond ’s standard that “ ‘[ w ] here

. . . counsel ’s alleged advice, corroborated by the information supplied by the court, grossly exaggerated the benefit to be de rived from the pleas of guilty, it would follow that the pleas were not voluntary. ’ ” Lawson , 75 Mich A pp at 730 (emphasis added) , quoting Hammond , 528 F2d at 19. In concluding that the defendant must be allowed to withdraw his plea of guilty because the prosecutor had promised not to request consecutive sentences, but the possibility of consecutive terms for the crimes committed did not exist , the Court of Appeals in Lawson did not at all suggest that any misunderstanding in the plea process requires the opportunity for withdrawal. Indeed, its quotation of the Hammond “grossly exaggerated” standard suggests the opposite. And in Lawson , the prosecutor’s promise to forgo consecutive sentences constituted a key part of the plea agreement. As will be discussed below, the misunderstanding in this case was not nearly so significant

.14 induce a plea. And in applying its test, I am not sure that the majority leaves any room for the “practical impact” of a misunderstanding to be deemed insignificant. 33 Moreover, while the majority opinion cites the proper “sufficient awareness of the relevant circumstances and likely consequences” standard from Brady , 34 it puts all of its emphasis on the “relevant circumstances” portion of that standard while ignoring the

“ sufficient awareness ” language

. The majority conc ludes that “[w]he n a defendant has been misinformed by prosecutors about the benefit of the bargain they have struck, the defendant does not have sufficient awareness of the relevant circumstances .” Under the majority opinion’s reasoning, it seems that al l aspects of a plea are “relevant” or “factual” circumstances of that plea, and a misunderstanding as to any one of them renders a plea involuntary and unknowing. That is, in merely concluding that defendant’s habitual

offender status was a “relevant circ umstance” of her plea without going on to analyze whether defendant was sufficiently aware of the entirety of the “ relevant circumstances ” of the plea , the majority seems to set forth the very per se rule that it denies it is creating,

c ontrary to the tota lity approach required by Brady

. 35 I again emphasize that the extent of the misunderstanding is important in assessing a plea in its entirety to determine whether a defendant was sufficiently aware of the relevant circumstances and likely consequences of a plea.

33 For example, the majority does not require defendant to explain how correcting this minor error would have impacted the parties’ plea negotiations or her willingness to ple ad guilty.

34 Brady , 397 US at 748.

35 Id

. at 749 (“The voluntariness of [a] plea can be determined only by considering all of the relevant circumstances surrounding it.”) ( e mphasis added).15 Applying this framework to this case, I conclude that any misunderstanding as to defendant’s habitual

- offender status did not render her plea unknowing or involuntary, particularly in light of the substantial benefits that she undisputedly received by entering into the plea agreement. Framed differently, considering the plea deal in its entirety, defendant was sufficiently aware of the overall benefits of the bargain such that she was
able t o voluntarily make an informed decision to enter the plea with a n adequate understanding of the consequences of that plea

. 36 Again, regardless of whether defendant was properly charged as a second

- or third

offense habitual offender, the result of the plea bargain is the same: she received a within

guidelines sentence, calculated without any increase of the upper limit of the recommended minimum sentence range required for habitual offenders under MCL 777.21(3)(a) through (c). Defendant’s guidelines minimu m sentence range without any enhancement was 51 to 85 months, the upper value of which would have increased to 106 months with a second

offense habitual

- offender enhancement and to 127 months with a third

- offense habitual

offender enhancement . The benefit s of her plea were not “gross ly exaggerated ” given that the discrepancy between the plea’s perceived benefits and its actual benefits was relatively minor. 37 While defendant might have thought that she was avoiding a potential 21
additional months by agreeing to the plea deal, she undisputedly avoided an increased guidelines minimum sentence range from a habitual enhancement by receiving a n unenhanced guidelines sentence. Moreover, the dismissal of defendant’s other felony case

36 See Brady , 397 US at 748

. 37 See Hammond , 528 F2d at 1 9

.16 was itself a n extrem ely meaningful benefit. In sum, defendant receive d benefit from the dropping of the second

- offense habitual enhancement, in addition to the other significant benefits she received from the agreement

. It stands to reason, then, that while defendant might have been misinformed as to one piece of the plea, she sufficiently understood the overall value of the plea agreement for which she bargained. I am simply unable to conclude that defendant’s misunderstanding as to one piece of her plea

— amounting to a pot ential difference of 21 months in the upper limit of the minimum sentence she was facing

— was significant enough to render the entire plea unknowing and involuntary. The
trial court therefore did not abuse its discretion by denying defendant’s motion to wi thdraw her plea.
III. CONCLUSION
W hile defendant was slightly misinformed as to the precise value of the benefits of her plea deal, when considering the plea in its entirety , any misinformation as to defendant’s habitual

- offender status did not render her entire plea unknowing or involuntary

. In concluding to the contrary, th is Court improperly suggests that a defendant is entitled to withdraw his or her plea wheneve r there is any misunderstanding as to a “relevant circum stance , ” no matter how slight, in the plea process (even one based on information known to the defendant)

. For these reasons, I would affirm the judgment of the Court of Appeals

.

Brian K. Zahra Elizabeth T. Clement David F. Viviano