Narrative Opinion Summary
The court has granted the motion to relieve the defendant's assigned appellate counsel and will appoint new counsel. The defendant had previously pled guilty to aggravated driving while intoxicated, resulting in a felony conviction, an indeterminate prison sentence of one to three years, a $1,000 fine, and five years of probation. The assigned counsel sought to withdraw, citing a lack of nonfrivolous issues for appeal. However, upon review, the court identified a potential nonfrivolous issue regarding whether the sentencing was harsher than what was agreed upon without allowing the defendant the chance to withdraw the plea. New counsel will be appointed to address this issue and any other relevant matters that may arise from the record review. The appeal is from the judgment of the Livingston County Court, presided over by Judge Dennis S. Cohen.
Legal Issues Addressed
Appointment of New Counselsubscribe to see similar legal issues
Application: New counsel will be appointed to address a potential issue regarding the sentencing agreement and any further relevant matters.
Reasoning: New counsel will be appointed to address this issue and any other relevant matters that may arise from the record review.
Nonfrivolous Issue Identificationsubscribe to see similar legal issues
Application: The court identified a potential nonfrivolous issue concerning whether the sentencing was harsher than agreed without allowing plea withdrawal.
Reasoning: However, upon review, the court identified a potential nonfrivolous issue regarding whether the sentencing was harsher than what was agreed upon without allowing the defendant the chance to withdraw the plea.
Relief of Appellate Counselsubscribe to see similar legal issues
Application: The court granted the motion to relieve the defendant's assigned appellate counsel due to the identification of a potential nonfrivolous issue.
Reasoning: The court has granted the motion to relieve the defendant's assigned appellate counsel and will appoint new counsel.