People v. Siebert

In People v Killebrew, 416 Mich 189; 300 NW2d 834 (1982), we approved of sentence bargaining and held that when a judge plans to impose a sentence that exceeds the sentence recommendation or agreement, the defendant may *504withdraw his plea. These consolidated cases present the question whether a prosecutor may withdraw from a plea bargain that includes a sentence agreement when the court intends to impose a sentence lower than the agreement calls for.

We hold that a court may not accept a plea bargain containing a sentence agreement but impose a lower sentence than that agreed to. Because such…