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PEOPLE v. KILLEBREW

Docket Nos. 64397, 64398, 64571. (Calendar Nos. 2, 3).

416 Mich. 189 (1982)

330 N.W.2d 834

PEOPLE v. KILLEBREW PEOPLE v. BRIGGS

Supreme Court of Michigan.

Decided December 23, 1982.

Opinion released January 11, 1983.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, and Louis J. Caruso, Solicitor General, for the people.

John H. MacFarlane, Senior Assistant Prosecuting Attorney, for the people in Briggs.

William L. Cahalan, Prosecuting Attorney, Terrance K. Boyle, Deputy Chief, Criminal Division, and A. George Best, II, Assistant Prosecuting Attorney, for the people in Killebrew.

State Appellate Defender (by R. Steven Whalen, Assistant Defender, and Sheila N. Robertson, Research Attorney) for defendant Briggs.

Culpepper & Sorise for defendant Killebrew.

Amici Curiae:

William L. McManus, Third District Court Judge, for Michigan District Judges Association.

F. Martin Tieber for State Bar Defender Systems and Services Committee.

Thomas M. Harp for Criminal Defense Attorneys of Michigan.

WILLIAMS, J.

INTRODUCTION

We granted leave to appeal in these two cases to address the issue of "whether sentencing disposition is an appropriate subject for plea agreement; and, if so, what is the proper role of the court with respect to a sentence agreement". 408 Mich. 958, 959 (1980). We recognize that "charge bargaining" is a traditionally accepted practice in Michigan. We now proceed to determine whether or not sentence bargaining will likewise...

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