PEOPLE v. JAMES

Docket No. 78-3567.

90 Mich. App. 424 (1979)

282 N.W.2d 344

PEOPLE v. JAMES

Michigan Court of Appeals.

Decided May 23, 1979.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, John A. Smietanka, Prosecuting Attorney, and Chris W. Dunfield, Assistant Prosecuting Attorney, for the people.

Derrick A. Carter, Assistant State Appellate Defender, for defendant on appeal.

Before: R.B. BURNS, P.J., and ALLEN and MacKENZIE, JJ.


PER CURIAM.

On August 29, 1977, defendant was convicted upon his plea of guilty of assault with intent to rob while armed. He was sentenced to a term of 15 to 50 years in prison, and appeals as of right.

Defendant contends that his plea was involuntary as a matter of law because the bargain upon which the plea was based was illusory. An examination of the transcript reveals the following plea agreement:

"THE COURT: Mr. Murphy and Mr. Peterson, has...

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