People of Michigan v. Frederic Tel Stringer
352112
| Mich. Ct. App. | Jul 22, 2021Background
- On June 26, 2019, Stringer punched his girlfriend, causing a laceration above her left eyebrow that required medical attention; he was charged with domestic violence, second offense.
- The information included a fourth-offense habitual-offender enhancement.
- Prosecutor offered a plea of 12 months in jail; Stringer rejected the offer and proceeded to a bench trial.
- Stringer was convicted and, as a fourth-offense habitual offender, sentenced to 36 to 240 months’ imprisonment.
- At sentencing Stringer claimed his attorney never explained the habitual-offender exposure; he later moved to vacate the conviction and sought specific performance of the plea offer.
- The trial court denied relief, finding counsel received and customarily shared the amended information, Stringer understood the enhancement, and he maintained his innocence so a plea likely would not have been accepted; this Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel was ineffective for failing to explain fourth-offender sentencing exposure and causing Stringer to reject a 12‑month plea | People: Counsel received amended information, customarily advised client of penalties, and defendant suffered no prejudice; court likely would not have accepted a plea from an insistently innocent defendant | Stringer: Counsel did not adequately explain the enhanced sentence exposure, so he rejected a more favorable plea | Court: No deficient performance and no prejudice under Strickland/Lafler; plea likely would not have been accepted because Stringer maintained innocence — affirmed |
| Whether the case should be remanded for a Ginther evidentiary hearing on counsel's effectiveness | People: No factual showing requiring development; deny remand | Stringer: Requested evidentiary hearing to develop records and testimony about counsel’s advice | Court: Denied remand — record adequate and no facts shown that would warrant a Ginther hearing |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (established the two‑prong ineffective‑assistance test)
- Lafler v. Cooper, 566 U.S. 156 (explains prejudice standard in plea‑offer ineffective‑assistance claims)
- People v. Douglas, 496 Mich. 557 (standard of review for mixed questions of fact and law in ineffective‑assistance claims)
- People v. White, 331 Mich. App. 144 (addresses plea factual‑basis and court’s ability to accept a plea from a defendant maintaining innocence)
- People v. Ginther, 390 Mich. 436 (procedure for remanding for an evidentiary hearing on trial counsel effectiveness)
