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PEOPLE v. ALFORD

Docket No. 49337.

101 Mich. App. 446 (1980)

300 N.W.2d 593

PEOPLE v. ALFORD

Michigan Court of Appeals.

Decided November 5, 1980.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert E. Weiss, Prosecuting Attorney, and Donald A. Kuebler, Chief Appellate Division, for the people.

Green, Haldy, Gibbs & McCabe, for defendant on appeal.

Before: M.F. CAVANAGH, P.J., and M.J. KELLY and BEASLEY, JJ.

PER CURIAM.

The defendant pled guilty to the charge of breaking and entering a store building, MCL 750.110; MSA 28.305. Defendant contends that the prosecution's agreement not to charge the defendant as an habitual criminal caused the plea agreement to be illusory because the prosecution was precluded from filing that charge at the time the plea was accepted.

We find the defendant's argument to be without merit.

People v Fountain,

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