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People v. Smith
Court of Appeals of Michigan
February 21, 2017
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee,
BRANDON ALLEN SMITH, Defendant-Appellant.
Circuit Court LC No. 14-008297-01-FC
Before: Jansen, P.J., and Beckering and Gadola, JJ.
appeals by delayed leave granted his guilty plea conviction
of armed robbery, MCL 750.529. Defendant was sentenced to 126
to 240 months' imprisonment. We remand for resentencing
in accordance with this opinion.
case arises from defendant's decision to plead guilty to
armed robbery pursuant to a Cobbs agreement.
Defendant was charged with armed robbery. On December 8,
2014, defendant appeared in the trial court and informed the
court that he wished to plead guilty to the charged offense.
The prosecutor indicated that the parties agreed that the
sentencing guidelines range was 126 to 220 months'
imprisonment, and that the prosecution would agree to a
sentence within that range and would dismiss the third
habitual offender sentence enhancement. Defense counsel
indicated that the parties agreed to a guidelines range of
126 to 210 months' imprisonment and indicated that the
prosecution did not object to a sentence at the
"bottom" of the guidelines range. Defendant was
sworn to tell the truth and was questioned concerning his
understanding of the plea and sentence agreement. The
following colloquy then occurred:
The Court: Um, now there's a sentence agreement
that the prosecutor will move to withdraw the habitual third.
In which the penalty is twice the maximum sentence.
And your sentence will be within the guidelines of 126 to 210
months and she does not have any objection towards you on
being sentenced at the low end of the guidelines; is that
The Court: And you are doing this freely and
[Defendant]: Yes. Defendant was advised of his
rights and described the factual basis supporting his plea.
On December 23, 2014, defendant appeared for sentencing. The
following conversation occurred:
[Defense Counsel]: We'd indicate for the record,
your Honor, that there was a plea agreement in this matter.
That we did reach an agreement whereby the Prosecution
allowed my client to plead guilty under the guidelines. And
the guidelines are 126 to 201.
We don't object to those guidelines. We do have an
agreement that the Court would sentence the defendant at the
low end of the guidelines. We're asking the Court to give
him the minimum, the 126, as oppose[d] to anything in
* * *
[The Prosecutor]: Your Honor, I'm not aware of
any stipulation to the low end of the guidelines. I just have
that it is ...
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