People v. Cisco

Defendant appeals his guilty-plea conviction of breaking and entering an occupied dwelling with intent to commit larceny, MCL 750.110; MSA 28.305.

Initially, defendant argues that the plea bargain was illusory and must be set aside. This contention is based upon the assertion that the prosecutor was precluded from filing habitual offender charges against defendant on the authority of People v Fountain, 407 Mich 96; 282 NW2d 168 (1979).

We disagree. The record repeatedly shows that defendant agreed during pretrial proceedings to plead guilty in exchange for a minimum sentence recommendation of…