People v. Staples

Defendant pled guilty to escape from prison, MCL 750.193; MSA 28.390, as part of a plea agreement in which the prosecutor agreed not to charge defendant as an habitual (third) offender under MCL 769.11; MSA 28.1083. Defendant was sentenced to a consecutive prison term of one to five years and now appeals of right.

Defendant seeks to withdraw his guilty plea because the prosecutor’s plea agreement was illusory. Defendant reaches this conclusion by reasoning that an escape conviction cannot be used to support habitual offender treatment because the escape statute itself requires the imposition…