Opinion
No. 105486.
June 11, 1996.
Summary to Dispositions June 11, 1996:
In lieu of granting leave to appeal, the judgment of the Court of Appeals is reversed. MCR 7.302(F)(1). At sentencing, the defendant was clearly informed that the trial court was going to exceed the originally agreed on sentence. In direct response to the inquiry of the court regarding whether the defendant nonetheless wished to proceed, defendant's attorney responded in the affirmative. Accordingly, no resentencing is warranted. Since, in light of its resolution of the sentencing issue, the Court of Appeals did not reach defendant's claim of ineffective assistance of counsel, the case is remanded to the Court of Appeals to resolve that issue. Jurisdiction is not retained.
Court of Appeals No. 179754.