PEOPLE v. CUMMINGS

Docket No. 77-2013.

84 Mich. App. 509 (1978)

269 N.W.2d 658

PEOPLE v. CUMMINGS

Michigan Court of Appeals.

Decided July 6, 1978.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward R. Wilson, Principal Attorney, Appeals, and Andrea L. Solak, Assistant Prosecuting Attorney, for the people.

Bruce R. Saperstein, for defendant on appeal.

Before: M.F. CAVANAGH, P.J., and BRONSON and D.F. WALSH, JJ.


BRONSON, J.

The primary issue in this guilty-plea appeal is whether a plea may be set aside before sentencing on the prosecutor's motion on the basis that defense counsel concealed material facts during plea bargaining.

Defendant originally pled guilty to attempted breaking and entering an occupied dwelling with intent to commit larceny on June 28, 1976, pursuant to a plea bargain.1

On July 6, 1976, before sentencing, the...

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