People v. Roberts

Full title: PEOPLE v ROBERTS

Court: Michigan Court of Appeals

Date published: Apr 23, 1980

97 Mich. App. 181 (Mich. Ct. App. 1980)

293 N.W.2d 759

Opinion

Docket No. 78-5153.

Decided April 23, 1980.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, David H. Sawyer, Prosecuting Attorney, and Carol S. Irons, Chief Appellate Attorney, for the people.

Buth, Wood Weidaw, for defendant on appeal.

Before: ALLEN, P.J., and M.F. CAVANAGH and C.W. SIMON, JR.,^_ JJ.

_ Circuit judge, sitting on the Court of Appeals by assignment.

PER CURIAM.

Following plea negotiations, defendant entered a plea of guilty to a charge of assault with intent to commit sexual penetration, contrary to MCL 750.520g(1); MSA 28.788(7)(1). Following sentence, this appeal follows as of right.

Citing People v Fountain, 407 Mich. 96; 282 N.W.2d 168 (1979), defendant urges reversal. He alleges that since part of the plea bargain involved the prosecutor's promise to foresake habitual offender proceedings, his plea was the product of an illusory bargain. We reject his argument for the reasons set forth in People v Hutcherson, 96 Mich. App. 365; 292 N.W.2d 466 (1980).

Affirmed.