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152567 - People v Daniel Horacek

The People of the State of Michigan,
 
Rae Ann Ruddy
 
Plaintiff-Appellee,
 
v
(Appeal from Ct of Appeals)
 
 
(Oakland – Kumar, S.)
 
Daniel Horacek,
 
Gaetan Gerville-Reache
 
Defendant-Appellant.
 

Summary

In 2013, defendant entered a conditional no contest plea to unarmed robbery and was sentenced as a fourth-offense habitual offender to serve a prison term. Defendant’s plea was conditioned on his ability to challenge on appeal the legality of his arrest by the police who forcibly entered his motel room without a warrant. On remand from the Supreme Court, the Court of Appeals issued an unpublished per curiam opinion, holding that defendant’s warrantless arrest did not violate his Fourth Amendment rights, and, therefore, affirming his conviction. The Court of Appeals further held in dicta that, even assuming a Fourth Amendment violation occurred, defendant’s plea was not conditional pursuant to MCR 6.301(C)(2) and People v Reid, 420 Mich 326 (1984). The Supreme Court has directed oral argument on defendant’s application for leave to appeal to address: (1) whether exigent circumstances authorized the officers’ warrantless entry into defendant’s motel room; and (2) if a constitutional violation did occur, whether defendant is entitled to withdraw his plea, compare MCR 6.301(C)(2) with Reid, 420 Mich at 337.