People v. James

On August 29, 1977, defendant was convicted upon his plea of guilty of assault with intent to rob while armed. He was sentenced to a term of 15 to 50 years in prison, and appeals as of right.

Defendant contends that his plea was involuntary as a matter of law because the bargain upon which the plea was based was illusory. An examination of the transcript reveals the following plea agreement:

"THE COURT: Mr. Murphy and Mr. Peterson, has there been a plea-agreement made in this case?

"MR. PETERSON [Defense Counsel]: Yes, your Honor. The plea-agreement in this case is, that two counts of armed…