People v. Jennings

Pursuant to an agreement with the prosecutor, defendant pled guilty to assault of a prison employee, MCL 750.197c; MSA 28.394(3). In this appeal as of right, defendant contends that he is entitled to resentencing because his amended sentence of one year and one day to four years imprisonment does not comport with the underlying plea agreement. Defendant also maintains that the trial court erred by failing to consider a minimum sentence of less than one year and one day. We agree with both assertions and remand for resentencing in accordance with this opinion.

The record does not disclose the…