People v. Sylvester

Defendant was charged with open murder, contrary to MCL 750.316; MSA 28.548, as a result of the fatal shooting of Arthur Sanders in Saginaw, Michigan, on April 24, 1978. On January 17, 1979, the scheduled date of defen dant’s trial, the parties reached agreement on a plea bargain. The terms of the agreement required the defendant to plead guilty to second-degree murder, contrary to MCL 750.317; MSA 28.549, and the prosecutor to drop the open murder charge and other charges relating to a stolen credit card. On March 30, 1979, the scheduled date for sentencing, the defendant moved to withdraw…