PEOPLE v. SHIVELY

Docket No. 54902.

116 Mich. App. 323 (1982)

323 N.W.2d 383

PEOPLE v. SHIVELY

Michigan Court of Appeals.

Decided May 19, 1982.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Principal Attorney, Appeals, and Andrea L. Solak, Assistant Prosecuting Attorney, for the people.

Susan J. Smith, Assistant State Appellate Defender, for defendant on appeal.

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


M.J. KELLY, J.

Defendant, Eric Shively, pled guilty but mentally ill, MCL 768.36(1); MSA 28.1059(1), to armed robbery, MCL 750.529; MSA 28.797, and possession of a firearm during the commission of a felony, MCL 750.227b; MSA 28.424(2). He was sentenced to 5 to 15 years imprisonment for armed robbery and received the mandatory 2-year sentence for possession of a firearm.

During the plea proceeding, the following bargain was placed on the record. In return for...

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