People v. Whalen

The issue presented is whether the trial court erred in vacating a lawfully imposed sentence and in resentencing the defendant because of the existence of unenforceable promises made to the defendant by federal authorities.

I

The defendant in this case was originally convicted in Lenawee Circuit Court in 1970 of breaking and entering an occupied dwelling and larceny in a building. This Court reversed the convictions in 1973. In 1974, defendant was retried, reconvicted and resentenced to 6 years and 8 months to 10 years imprisonment on the breaking and entering conviction and 2 years and 8…