People v. Avery

Defendant entered a plea of guilty to a charge of armed robbery, MCL 750.529; MSA 28.797, and was sentenced to 3-1/2 to 15 years in prison. Following the denial of a motion for a new trial, he appeals by right.

On appeal, the defendant raises five issues, only one of which merits discussion. This issue is stated by the defendant as follows: "The defendant’s guilty-plea conviction and sentence for armed robbery must be vacated, because the prosecutor abused his discretion by improperly charging armed robbery where the facts clearly indicate that the offense committed was bank robbery.”

The…