People v. Dulin

I respectfully dissent and would not allow this defendant to withdraw his plea.

Defendant’s main reliance is upon People v Dixon, 103 Mich App 518; 303 NW2d 32 (1981). To the extent that Dixon seems to infer that specific performance of a sentence bargain is a proper remedy, I disagree. Dixon reiterates that a breach of a sentence agreement only entitles defendant to withdraw his guilty plea, People v Hagewood, 88 Mich App 35; 276 NW2d 585 (1979), and that specific performance is not available as an alternative remedy because the authority to pronounce sentences is within the exclusive…