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PEOPLE v. STAPLES

Docket No. 44675.

100 Mich. App. 19 (1980)

299 N.W.2d 1

PEOPLE v. STAPLES

Michigan Court of Appeals.

Decided July 28, 1980.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Edward J. Grant, Prosecuting Attorney, and John L. Wildeboer, Assistant Prosecuting Attorney, for the people.

John A. Lydick, Assistant State Appellate Defender, for defendant on appeal.

Before: BASHARA, P.J., and M.J. KELLY and D.R. FREEMAN, JJ.

PER CURIAM.

Defendant pled guilty to escape from prison, MCL 750.193; MSA 28.390, as part of a plea agreement in which the prosecutor agreed not to charge defendant as an habitual (third) offender under MCL 769.11; MSA 28.1083. Defendant was sentenced to a consecutive prison term of one to five years and now appeals of right.

Defendant seeks to withdraw his guilty plea because the prosecutor's plea agreement was illusory. Defendant reaches this conclusion...

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