People v. Guilmette

In People v. Guilmette, 431 Mich 888; 432 NW2d 169 (1988), the Supreme Court of Michigan found that the factual bases for the defendant's pleas were inadequate because of a missing element. The Court vacated the judgments of this Court and the trial court, and set forth the procedure to be followed where a remand is required to establish an adequate factual basis: On remand the prosecutor must be given an opportunity to establish the missing element. If the prosecutor is able to do so and there is no contrary evidence, the trial court is to reinstate the judgments of conviction. If the prosecutor is unable to establish the missing element, the judgments of conviction are to remain vacated. If contrary evidence is produced, the matter is to be treated as a motion to withdraw the guilty pleas and the court is to decide the matter in the exercise of its discretion. MCR 6.101(F)(6). Id.