PEOPLE v. ABBAS, 488 Mich. 1054 (2011)

No. 141797.Supreme Court of Michigan.
March 9, 2011.

Appeal from the Court of Appeals No. 298862.

Summary Disposition.

Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we remand this case to the Court of Appeals for consideration as on leave granted. The Court of Appeals shall address whether (1) if, as the defendant contends, his trial counsel failed to advise him that he was not eligible for Holmes Youthful Trainee Act status (MCL 762.11 et seq.), the Kalamazoo Circuit Court nevertheless correctly held that the defendant cannot meet the standard for establishing entitlement to relief from judgment absent the retroactive application of Padilla v. Kentucky, 559 US 130 S Ct 1473; 176 L Ed 2d 2928 (2010), and (2) the decision in Padilla may be applied retroactively in this case.