PEOPLE v. PHILLIP SMITH

Docket Nos. 77-1928, 77-1929.

90 Mich. App. 572 (1979)

282 N.W.2d 399

PEOPLE v. PHILLIP SMITH

Michigan Court of Appeals.

Decided June 6, 1979.


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 Anne B. Wetherholt, Assistant Prosecuting Attorney, for the people.

Ruby & Ruby, P.C., for defendant on appeal.

Before: D.C. RILEY, P.J., and M.J. KELLY and BEASLEY, JJ.


D.C. RILEY, P.J.

On February 11, 1977, defendant Phillip Smith, 15 years old, pled guilty to three separate counts of armed robbery, MCL 750.529; MSA 28.797, pursuant to the following plea bargain:

"The People also would promise that if Your Honor would sentence on sentencing date this defendant to a minimum term of ten years or more, we would not prosecute him as a Habitual. And that's a promise we made based on sentencing, so that's a conditional promise...

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