On order of the Court, the application for leave to appeal the April 3, 2018 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals judgment that reversed the Macomb Circuit Courts June 28, 2017 order granting the defendants motion to withdraw her guilty plea. Although the Court of Appeals correctly concluded that the trial court failed to state a legitimate basis for permitting plea withdrawal, it erred in remanding the case for sentencing rather than for redetermination of the defendants motion. The defendant claimed that her attorney told her that, if she changed her mind before sentencing, she could withdraw her plea. If true, that would call into question whether the plea was entered knowingly and voluntarily. We REMAND this case to the Macomb Circuit Court for an evidentiary hearing to determine whether the defendants attorney advised her that she would be able to withdraw her guilty plea on her own volition before sentencing, and if so, whether she should be permitted to withdraw her plea.
We do not retain jurisdiction.