People v. Salamie

Defendant appealed from the trial court’s denial of her motion to withdraw guilty plea and to vacate the judgment. On appeal, she argued that the mental health court committed plain error when it failed to admonish her in accordance with SCR 402 and that defendant’s post-plea attorney had a conflict of interest in arguing her motion to withdraw her guilty plea. The appellate court rejected the first argument, finding that the mental health court was not required to substantially comply with Rule 402 at the hearing where it accepted the parties’ agreement to modify the sentencing terms of defendant’s plea. But the appellate court found that defense counsel was operating under and actual conflict of interest when he represented defendant in both agreeing to a modified sentence and in moving to withdraw that agreement. The appellate court vacated the trial court’s order and remanded for the appointment of conflict-free counsel and new post-plea proceedings. (HUTCHINSON and BIRKETT, concurring)