People v. Davis

On May 3, 1976, defendant Paul Willis Davis, Jr., pled guilty to the offense of receiving and concealing stolen property of value in excess of $100, MCLA 750.535; MSA 28.803. In return for defendant’s plea, the prosecutor recommended a sentence of 30 days in the county jail, to be served on weekends. Both the record of the plea-taking procedure and the plea form signed by the defendant explicitly show that the prosecutor’s consideration was merely a recommendation. The trial judge expressly stated that he was not bound by the prosecutor’s recommendation. Upon review of the pre-sentence…