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PEOPLE v. CISCO

Docket No. 51114.

113 Mich. App. 109 (1982)

317 N.W.2d 308

PEOPLE v. CISCO

Michigan Court of Appeals.

Decided February 3, 1982.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, George N. Parris, Prosecuting Attorney, Don L. Milbourn, Chief Appellate Lawyer, and Robert John Berlin, Assistant Prosecuting Attorney, for the people.

Boyer & Churilla, P.C., for defendant.

Before: N.J. KAUFMAN, P.J., and BASHARA and R.I. COOPER, JJ.

PER CURIAM.

Defendant appeals his guilty-plea conviction of breaking and entering an occupied dwelling with intent to commit larceny, MCL 750.110; MSA 28.305.

Initially, defendant argues that the plea bargain was illusory and must be set aside. This contention is based upon the assertion that the prosecutor was precluded from filing habitual offender charges against defendant on the authority of People v Fountain, 407 Mich. 96

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