Legal Opinion

People of Michigan v. Peter Thomas Brinkey

Michigan Court of Appeals

Decided February 14, 2019No. 342419PublishedCited by 4 opinions

1Opinion of the CourtSwartzle, P.J.

*95 For a valid plea agreement, it is axiomatic that there must be an actual agreement on the essential features of the plea. When there are multiple proposed plea agreements and hearings, as here, reference to a "prior plea" will likely be ambiguous and require some clarification on the record, unlike as here. Defendant, Peter Thomas Brinkey, pleaded guilty to several driving-related offenses, but the record confirms a lack of clarity with regard to essential sentencing features. As explained below, we reverse and remand for further proceedings.

I. BACKGROUND

Defendant appeals by leave granted 1…

2Cases cited7 opinions

  1. People v. CobbsMichigan Supreme Court · 1993
  2. People v. FonvilleMichigan Court of Appeals · 2011
  3. People v. ColeMichigan Supreme Court · 2012
  4. People v. BlantonMichigan Court of Appeals · 2016
  5. People v. PlumajMichigan Court of Appeals · 2009

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. 163700_48_01.PdfMichigan Supreme Court · 2023
  2. People of Michigan v. Candace Renee GuytonMichigan Supreme Court · 2023
  3. People of Michigan v. Robert Lee ShannonMichigan Court of Appeals · 2021
  4. People of Michigan v. Timmy Dewayne TaylorMichigan Court of Appeals · 2020

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