People v. Clark

I adopt the facts from Judge Cavanagh’s dissenting opinion.

The defendant seeks to withdraw his four guilty pleas. He contends that the plea transcripts do not disclose the entire plea agreement. That portion of the plea agreement not on the record is a purported agreement by the defendant to cooperate with the FBI in certain narcotics investigations. In return for the defendant’s cooperation it is alleged that the FBI agreed to urge the prosecutor to recommend a more lenient sentence.

GCR 1963, 785.7(2)(b) requires that the plea agreement be stated on the record. The purpose for placing the…