People v. Westbrook

On October 18, 1978, defendant pled guilty as charged to the offense of larceny from a motor vehicle, MCL 750.356a; MSA 28.588(1), and was subsequently sentenced to 2 to 5 years imprisonment with credit for time served. He appeals as of right.

Defendant’s sole contention on appeal is that his plea-based conviction must be reversed because it resulted from an illusory plea bargain. In exchange for defendant’s agreement to plead guilty as charged, the prosecutor promised not to file a supplemental information charging defendant as an habitual offender. Conceding that he could originally have…