People v. Strickland

*55D. E. Holbrook, Jr., P. J.

(dissenting). I agree that People v McMiller, 389 Mich 425; 208 NW2d 451 (1973), does not control the instant case. I am also of the opinion that the issue to be considered is not really whether McMiller, supra, should be extended but rather whether a prosecutor should be held to be bound by the terms of a formal plea agreement where the defendant has fulfilled his part of the bargain.

As a matter of judicial policy I believe the prosecutor’s original agreement with defendant to dismiss the Martinez charge in return for his guilty plea to the Scott’s charge should bar…