People v. Phillip Smith

On February 11, 1977, defendant Phillip Smith, 15 years old, pled guilty to three separate counts of armed robbery, MCL 750.529; MSA 28.797, pursuant to the following plea bargain:

"The People also would promise that if Your Honor would sentence on sentencing date this defendant to a minimum term of ten years or more, we would not prosecute him as a Habitual. And that’s a promise we made based on sentencing, so that’s a conditional promise that we have made.”

Defendant was sentenced to three concurrent terms of 10 to 15 years imprisonment, appeals two *574of the convictions by right, and alleges…