...cocaine, MCL 333.7403(2)(a)(u). The trial court granted all three defendants deferral status under MCL 333.7411 and placed them on probation for six months. Defendants successfully completed the terms and...conditions of their probation and, pursuant to MCL 333.7411(1), the trial court dismissed charges against them. Subsequently, the trial court granted defendants' motions for destruction of their...reconsideration that MCL 333.7411(2)(a) requires the Department of State Police to keep a nonpublic record of an arrest for individuals who receive deferrals. The prosecution relied on McElroy v...

...charged with a drug felony and successfully employed the provisions of MCL 333.7411 is considered to be a convicted felon for purposes of obtaining a concealed pistol license. We hold that a person who...successfully completes probation under MCL 333.7411 and had the felony charge dismissed under that statutory provision is not deemed to have...been convicted of a felony under the concealed pistol licensing act (CPLA) by virtue of the charge dismissed under MCL 333.7411. Both the...

...333.7403(2)(b)(i). The trial court deferred the proceedings and placed defendant on probation under MCL 333.7411. After the probationary term...MCL 333.7411(1), which allows a trial court to place an offender on probation and defer entering an adjudication of guilt in...with MCL 333.7411. On November 5, 2020, upon the request of defendant's probation officer, the trial court issued an order extending the term of...

...possession with intent to deliver cocaine. MCL 333.7401(2)(a)(iv); MSA 14.15(7401)(2)(a)(iv). Defendant filed a petition for treatment pursuant to MCL 333.7411; MSA 14.15(7411...). The trial judge granted defendant's petition and, pursuant to MCL 333.7411; MSA 14.15(7411), placed defendant on probation for 36 months, with the first 30 days to be served in the Ingham County Jail...(with work release). Defendant was required to pay costs of $300. The people appeal, claiming that the trial judge erred by applying the provisions of MCL 333.7411; MSA 14.15(7411...

...offenses within the scope of MCL 333.7411. Nevertheless, because the prosecutor never challenged the applicability of § 7411 to defendant's offense and the Court of Appeals never...with the assumption of the Court of Appeals that the offense for which defendant was charged, obtaining a controlled substance by fraud, MCL 333.7407(1)(c), is one of the enumerated...

...MCL 333.7411, which discharges the defendant without an adjudication of guilt if the defendant complies with the terms of probation. On February 9, 2021, plaintiff filed a...successfully completed the conditions of her probation, and her plea under MCL 333.7411 was set aside. Plaintiff did not oppose Gebrengus's motion for...MCL 333.7411. This Court, in People v...

...charged with possession of marijuana and sought deferred sentencing under MCL 333.7411(1), which provides that "[w]hen an individual who has not previously been convicted of [a controlled substance...disabilities imposed by law upon conviction of a crime. . . ." Defendant pleaded guilty of possession of marijuana under MCL 333.7411(1), had to serve two years of probation, and...intent." Id. at 330. The Michigan Sentencing Guidelines Manual (2003), p. 7, defines "conviction" as "an adjudication of guilt in a criminal matter." MCL 333.7411(1...

...points for PRV 2 because his 1998 drug charge was dismissed under MCL 333.7411(1). We disagree. Under the sentencing guidelines, the trial court's findings of...MCL 333.7411(1). In People v Benjamin, 283 Mich App 526, 530; 769...NW2d 748 (2009), this Court explained the mechanics of MCL 333.7411(1): In deferral proceedings under...

...majority, however, I would remand for resentencing for two reasons. First, the trial court erroneously considered a discharge pursuant to MCL 333.7411 to.... MCL 333.7411. First, I agree with defendant that the trial court should not have considered the...2010 proceedings that resulted in a successful discharge under MCL 333.7411(1). The statute provides that "[d]ischarge and dismissal under this section...

...requesting that the trial court defer entering a judgment of guilt and place defendant on probation under MCL 333.7411(1), which allows the trial court, in cases involving certain controlled substance...; however, if the offender does not comply, the trial court enters an adjudication of guilt. See MCL 333.7411(1); People v Benjamin, 283 Mich App 526, 530; 769 NW2d 748 (2009). In a...: As part of defendant's plea deal, the prosecution agreed that it would take no position regarding MCL 333.7411(1). It has taken that same position on appeal...

...completion of a similar probation program under MCL 333.7411 did not render the plaintiff "convicted of a felony," see MCL 28.425b(7)(f), for purposes of disqualifying her from obtaining a concealed weapons...permit, because MCL 333.7411(1) provided that her discharge and dismissal was "not a conviction." Id. at 430, 436-438. Here, MCL 769.4a(5) provides that McElroy's discharge and dismissal was...presents an issue of first impression: whether a person who participates in a diversionary program under MCL 769.4a and ultimately has his or her charges dismissed is entitled to have his or her fingerprint...

...Code states: "There may be only 1 discharge and dismissal under this section as to an individual." MCL 333.7411(1); MSA 14.15(7411(1). The omission of similar language from the YTA indicates that the.... PER CURIAM. Defendant appeals by delayed leave granted sentences of five years' probation imposed for plea-based convictions of second-degree home invasion, MCL...750.110a(3), in each of two separate cases. At issue is whether the trial court erred in ruling that it was precluded from sentencing defendant under the Youthful Trainee Act (YTA), MCL 762.11 et seq...

...guilty to possession of less than 25 grams of cocaine. Id. at 527. Because it was a first offense, the defendants were allowed to participate in a diversionary program under MCL 333.7411. Benjamin...dismissal in Benjamin, the defendants successfully moved for destruction of their fingerprint and arrest records. Id. at 527. This Court reversed. Id. It noted that MCL 333.7411(2.... MCL 750.540e. On August 15, 2007, the court held an adjudication hearing. The lower court docket sheet indicates that respondent "admitted allegation," and the court entered an "order of adjudication...

...a petition for deferred sentencing under MCL 333.7411(1); MSA 14.15(7411)(1) with regard to the possession of cocaine conviction, the trial...possession of less than twenty-five grams of cocaine, MCL 333.7403(2)(a)(v); MSA 14.15(7403)(2)(a)(v), and conspiracy to deliver marijuana, MCL 750.157a, 333.7401(2)(d)(iii); MSA 28.354(1), 14.15(7401)(2)(d...

...Code states: "There may be only 1 discharge and dismissal under this section as to an individual." MCL 333.7411(1); MSA 14.15(7411)(1). The omission of similar language from the YTA indicates that the...exposure, MCL 750.335a; MSA 28.567(1), and one count of fourth-degree criminal sexual conduct, MCL 750.520e(1)(b); MSA 28.788(5)(1)(b). Over the prosecutor's objection, the trial court granted defendant's...petition for youthful trainee status and sentenced defendant to three years' probation under the Youthful Trainee Act (YTA), MCL 762.11 et seq.; MSA 28.853(11) et seq. The prosecutor...

...pleading guilty as charged in the instant matter, defendant was placed on probation pursuant to MCL 333.7411. Defendant violated his probation on two occasions and, on each occasion, plead guilty to the...plea. Defendant was convicted, by guilty plea, of possession of a controlled substance, MCL 333.7403(2)(b)(ii), and possession of marihuana, MCL 333.7403(2)(d). He was sentenced to two years probation on...

...on probation pursuant to MCL 333.7411. Defendant violated his probation on two occasions and, on each occasion, plead guilty to the violations. His plea on the second violation led to the revocation...by leave granted the trial court's denial of his motion to set aside his guilty plea. Defendant was convicted, by guilty plea, of possession of a controlled substance, MCL 333.7403(2)(b)(ii), and...possession of marihuana, MCL 333.7403(2)(d). He was sentenced to two years probation on each count. We remand to the trial court for further proceedings as set forth below. Defendant...

...deliver cocaine from 1998. Defendant is correct that if these charges were dismissed under MCL 333.7411(1), they should not have been considered in the assessment of PRV 2. MCL 777.50(4)(a); see also...People v James, 267 Mich App 675, 679-680; 705 NW2d 724 (2005). But if a defendant whose sentence was deferred under MCL 333.7411 violates...a term or condition of probation, "the court may enter an adjudication of guilt and proceed as otherwise provided." MCL 333.7411(1). Here, this issue was raised at sentencing. The prosecution...

...reliance on People v James, 267 Mich App 675; 705 NW2d 724 (2005), is misplaced. In that case, the defendant was given a deferred sentence on a misdemeanor marijuana charge under MCL 333.7411(3...appeals by delayed leave granted his guilty plea convictions of second-degree home invasion, MCL 750.110a(3), and larceny in a building, MCL 750.360.... PRV 5 concerns a defendant's prior misdemeanor convictions and prior misdemeanor juvenile adjudications. People v Gibbs, 299 Mich App 473, 485; 830 NW2d 821 (2013); MCL 777.55(1). Twenty...