People v. Strickland

This appeal* 1 requires that we either extend or limit the following holding in People v McMiller, 389 Mich 425, 434; 208 NW2d 451 (1973).

"[W]e hold that upon the acceptance of a plea of guilty, as a matter of policy, the state may not thereafter charge a higher offense arising out of the same transaction.”

The precise question presented is this: Where a defendant charged with two armed robberies pleads guilty in one case in return for dismissal of the other, may the prosecutor later reinstate both charges if the defendant successfully appeals his plea-based conviction?

The present case is…