If a defendant seeks to withdraw his or her plea after sentencing, a motion to withdraw must be filed within six months of the date of sentencing. MCR 6.310(C). A trial judge has wide discretion to vacate a conviction based on an inaccurate plea. People v Montrose, 201 Mich App 378, 380, 506 NW2d 565 (1993).
Postconviction practitioners should pay close attention to the circumstances surrounding the taking of the plea. A plea must be understood and voluntary and must not have been induced by threats or false promises of counsel. A trial court cannot accept a plea unless the court is convinced that the plea is knowing, voluntary, and accurate, MCR 6.302, and the court has the duty to confirm on the record that the plea was made freely, with full knowledge of the nature of the charges, and without undue influence,People v Carlisle, 387 Mich 269, 195 NW2d 851 (1972). To that end, MCR 6.302 mandates an in-person recitation of plea colloquy warnings so that the court may observe the defendant’s demeanor and responses and ensure that the defendant is made aware of the full gravity of pleading and waiving his or her rights. Plea colloquies also serve to create a record on which a reviewing court may ascertain the nature of a defendant’s plea. People v Napier, 69 Mich App 46, 48, 244 NW2d 359 (1976).
A guilty plea may be involuntary when it is induced by threats, misrepresentation, or by promises that are by their very nature improper. Brady v United States, 397 US 742, 755 (1970). A plea may be held involuntary if defense counsel exerts impermissible pressure on the client to plead guilty or if a defense attorney misadvises the client concerning the sentencing consequences so that it may amount to ineffective assistance of counsel. Sparks v Sowders, 852 F2d 882, 885 (6th Cir 1988); People v Spencer,192 Mich App 146, 151, 480 NW2d 308 (1991).
Postconviction practitioners should pay close attention to the circumstances surrounding the taking of the plea. A plea must be understood and voluntary and must not have been induced by threats or false promises of counsel. A trial court cannot accept a plea unless the court is convinced that the plea is knowing, voluntary, and accurate, MCR 6.302, and the court has the duty to confirm on the record that the plea was made freely, with full knowledge of the nature of the charges, and without undue influence,People v Carlisle, 387 Mich 269, 195 NW2d 851 (1972). To that end, MCR 6.302 mandates an in-person recitation of plea colloquy warnings so that the court may observe the defendant’s demeanor and responses and ensure that the defendant is made aware of the full gravity of pleading and waiving his or her rights. Plea colloquies also serve to create a record on which a reviewing court may ascertain the nature of a defendant’s plea. People v Napier, 69 Mich App 46, 48, 244 NW2d 359 (1976).
A guilty plea may be involuntary when it is induced by threats, misrepresentation, or by promises that are by their very nature improper. Brady v United States, 397 US 742, 755 (1970). A plea may be held involuntary if defense counsel exerts impermissible pressure on the client to plead guilty or if a defense attorney misadvises the client concerning the sentencing consequences so that it may amount to ineffective assistance of counsel. Sparks v Sowders, 852 F2d 882, 885 (6th Cir 1988); People v Spencer,192 Mich App 146, 151, 480 NW2d 308 (1991).