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PEOPLE v. SYLVESTER

Docket No. 48090.

103 Mich. App. 499 (1981)

303 N.W.2d 230

PEOPLE v. SYLVESTER

Michigan Court of Appeals.

Decided February 4, 1981.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Robert L. Kaczmarek, Prosecuting Attorney, and William D. White, Assistant Prosecuting Attorney, for the people.

Terence R. Flanagan, Assistant State Appellate Defender, for defendant on appeal.

Before: M.J. KELLY, P.J., and ALLEN and C.L. HORN, JJ.

M.J. KELLY, P.J.

Defendant was charged with open murder, contrary to MCL 750.316; MSA 28.548, as a result of the fatal shooting of Arthur Sanders in Saginaw, Michigan, on April 24, 1978. On January 17, 1979, the scheduled date of defendant's trial, the parties reached agreement on a plea bargain. The terms of the agreement required the defendant to plead guilty to second-degree murder, contrary to MCL 750.317; MSA 28...

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