People v. Yates

D. E. Holbrook, Jr., J.

Defendant pled guilty to a charge of armed robbery, MCL 750.529; MSA 28.797. Thereafter, sentenced to a prison term of not less than 5-1/2 nor more than 30 years, defendant appeals as of right.

It is defendant’s contention that he should be permitted to withdraw his plea because as a part of the plea bargain the prosecutor agreed to recommend minimum prison time, which he did by recommending two years. The trial judge chose not to follow this recommendation. Because the trial judge did not sentence in accordance with the prosecutor’s recommendation, defendant claims he…