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04/06/76 PEOPLE v. CHRISTIAN

April 6, 1976

PEOPLE
v.
CHRISTIAN



Appeal from Recorder's Court of Detroit, Michael J. Connor, J.

On application for leave to appeal, the Supreme Court has amended the order on supplementation of record in lieu of leave to appeal. 397 Mich .

D. E. Holbrook, Jr., P. J., and McGregor and N. J. Kaufman, JJ. D. E. Holbrook, Jr., P. J., concurs in result only.

SYLLABUS BY THE COURT

1. -- Plea of Guilty -- Unkept Bargain -- Specific Performance -- Withdrawal of Plea.

A defendant whose plea of guilty was induced by a promise that subsequently went unfulfilled is entitled to relief; the relief will generally be either (1) requiring specific performance, or (2) allowing withdrawal of the plea.

2. -- Plea of Guilty -- Unkept Bargain -- Remedies -- Discretion -- Defendant's Preference.

The remedy for a defendant, whose plea of guilty was induced by a promise that subsequently went unfulfilled, is left to the discretion of the trial Judge; however, the defendant's preference is accorded considerable weight.

3. -- Appeal and Error -- Plea of Guilty -- Unkept Bargain -- Evidence -- Transcript.

A plea of guilty, by a defendant who alleges his plea was induced by a bargain that has not been kept, will be upheld on appeal where the alleged bargain is supported only by a defense affidavit and no evidence of a bargain appears on the face of the plea transcript.

4. -- Appeal and Error -- Plea of Guilty -- Unkept Bargain -- Evidentiary Hearing -- Transcript.

A case in the Court of Appeals will be remanded for an evidentiary hearing to allow a defendant to support his claim that his guilty plea was induced by a plea bargain and that the bargain was unkept where some evidence of a bargain appears in the record.

5. -- Plea of Guilty -- Prosecuting Attorney -- Sole Discretion -- Lesser Charge -- Information.

It is within the sole discretion of the prosecutor to agree to the acceptance of a plea to a lesser charge that was ...


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