People v. Leitner

On December 21, 1979, defendant pled guilty as charged to the offense of assault with intent to commit murder, MCL 750.83; MSA 28.278, and was subsequently sentenced to 10 to 15 years imprisonment. He appeals as of right.

Defendant argues that his conviction was the product of an illusory plea bargain and, therefore, must be reversed. Defendant agreed to plead guilty *684pursuant to a promise that the minimum sentence term imposed would be no more than 10 years. The trial judge indicated that, if defendant’s presentence report convinced him that a longer minimum term was justified, the plea could…