People v. Morin

Pursuant to a plea bargain under which the prosecution agreed not to file a fourth felony offender charge and to make no recommendation as to sentence, defendant pled guilty to a charge of breaking and entering an unoccupied building as a third offender. On May 14, 1984, defendant was sentenced to a term of 15 years minimum and 20 years maximum. In imposing sentence the trial court explained that because defendant was a third offender the maximum penalty was increased to 20 years and "the application of what is referred to as the two-thirds Tanner Rule” was removed.

Defendant moved to withdraw…