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PEOPLE v. TOLBERT

Docket No. 58521.

119 Mich. App. 422 (1982)

326 N.W.2d 530

PEOPLE v. TOLBERT

Michigan Court of Appeals.

Decided September 9, 1982.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief Appellate Counsel, and Graham K. Crabtree, Assistant Prosecuting Attorney, for the people.

Walter S. Schwartz, for defendant on appeal.

Before: R.M. MAHER, P.J., and BRONSON and R.J. SNOW, JJ.

PER CURIAM.

Defendant pled guilty to a charge of breaking prison, MCL 750.193; MSA 28.390. He was sentenced to a prison term of from one and one-half to five years and appeals by right.

At the taking of defendant's plea, the following exchange occurred:

"The Court: Yes, 16 it is. The question is, `Has anybody promised you that you would be treated more leniently if you pled guilty than if you stood trial,' and the answer is `yes'.

"You...

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