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101 Mich. App. 428

300 N.W.2d 585

People v. Eric Thompson

Michigan Court of Appeals

Decided November 5, 1980

Michigan Court of Appeals · decided 1980-11-05

Cited by 4 later decisions — most recently October 2017

4 state decisions

Key passage — most relied on by later courts

“[d]efendant may not have received as many benefits as he thought he would be receiving for his plea, but he did receive many benefits for the plea,”

quoted by 1 later decision, including 321 Mich. App. 609 - People of Michigan v. Edward Duane Pointer-Bey

Applies MI 750 § 750.529 · MI 750 § 750.530

Good law ✅— No negative treatment on recordhow we know

Decided 1980-11-05

View the full empirical analysis of this case →

Per Curiam.

¶1Defendant pled guilty to the offense of unarmed robbery, MCL 750.530; MSA 28.798. As a part of the plea agreement, the prosecutor agreed not to file a supplemental information charging defendant as an habitual offender.

¶2On appeal, defendant claims that the bargain for his plea was an illusion because the people did not file a supplemental information at the same time that the original information was filed. He contends that under People v Fountain, 407 Mich 96; 282 NW2d 168 (1979), the people were foreclosed from filing a supplemental information and that, therefore, he did not receive any benefit from his plea bargain.

¶3The facts in this case indicate that the defendant was originally charged with armed robbery, MCL 750.529; MSA 28.797. In addition to the agreement that the prosecutor would not charge defendant as an habitual offender, the plea bargain in this case consisted of the following agreements: The original information was amended to unarmed robbery, to which charge the defendant *430pled guilty; another armed robbery offense was amended to unarmed robbery and dismissed; and a charge of possession of marijuana was dismissed.

¶4In our opinion defendant’s bargain was no illusion. Defendant may not have received as many benefits as he thought he would be receiving for his plea, but he did receive many benefits for the plea.

¶5Affirmed.

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