People v. Schofield

Defendant pled guilty to armed robbery. MCL 750.529; MSA 28.797. Sentenced to from 5 to 15 years imprisonment, he appeals by right.

Defendant was originally charged with armed robbery and felony-firearm. MCL 750.227b; MSA 28.424(2). In exchange for his plea of guilty to the former offense, the prosecutor agreed to drop the felony-firearm charge. Defendant argues that his plea bargain was illusory because he could not have been convicted of felony-firearm. Conviction on that offense is barred, defendant maintains, because he committed the robbery with only a toy gun.

A defendant who pleads…