State of Michigan v DOUGLAS TODD TURRELL
SC: 91655
Michigan Supreme Court
440 Mich 893; 487 NW2d 757
August 31, 1992, Entered
Prior case history: COA: 129246. Circuit Court Case No.: 90-005938-FH
Before: Michael F. Cavanagh, Chief Justice, Charles L. Levin, James H. Brickley, Patricia J. Boyle, Dorothy Comstock Riley, Robert P. Griffin, Conrad L. Mallett, Jr., Associate Justices
OPINION
ORDER
By order of August 5, 1991, the application for leave to appeal was held in abeyance pending the decision in People v Ingram (Docket No. 90698). On order of the Court, the decision having been issued on May 1, 1992, 439 Mich 288 (1992), the application is again considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and REINSTATE defendant's plea-based conviction for operating a motor vehicle under the influence of intoxicating liquor-third offense (OUIL-third), MCL 257.625; MSA 9.2325.
In this case, defendant seeks to collaterally attack a previous guilty plea to OUIL on the ground that he was not fully advised of his rights, as required by MCL 257.625(9); MSA 9.2325(9). It is undisputed, however, that defendant was represented by counsel at the time of the prior guilty plea and that he could have challenged the plea in a post-conviction motion or on appeal as of right. As we have held in People v Ingram, 439 Mich 288, 294-295 (1992), "failure of a plea-taking court to adhere to applicable plea-taking requirements . . . does not provide a defendant the opportunity to challenge by collateral attack". Where a defendant was represented by counsel when pleading guilty, or intelligently waived the right to counsel, "the validity of such a plea . . . is unassailable". Id.