People v. Acosta

Defendant was convicted by a jury of assault with a dangerous weapon (felonious assault). MCL 750.82; MSA 28.277. He appeals as of right. We reverse.

Defendant’s conviction arose out of an altercation in a bar where defendant allegedly stabbed another patron. He was originally charged with felonious assault. Defendant and the prosecution entered into a plea agreement whereby the case was to be remanded to district court where defendant could enter a plea to aggravated assault, MCL 750.81a; MSA 28.276(1). The circuit court issued an order encompassing the terms of the stipulated-to agreement…