People v. Clardy
People v. Clardy
Concurring Opinion
(concurring). I of course concur in affirmance for the reason that the unanimous Supreme Court in People v Blythe, 417 Mich 430; 339 NW2d 399 (1983), has now revealed to bench and bar that the tempest generated over the mandatory minimum sentence for armed robbery has been a classic exercise in futility. The Court in its wisdom has decided that there is indeed no
Opinion of the Court
Defendant pled guilty to armed robbery, MCL 750.529; MSA 28.797, and was sentenced to from 6 to 15 years imprisonment. Defendant presently appeals as of right.
Defendant argues on appeal that his conviction must be reversed because the trial judge did not explicitly state on the record that there was no agreement by the court as to the possibility of a
"Since it is not claimed there was any plea bargain involving a sentence agreement which had been submitted to the judge for approval, it is immaterial that the judge did not state on the record that there was no agreement on his part. Moreover, the transcript shows the judge made clear to the defendant that he did not know how he would dispose of the case and would not know until after receipt of the presentence report.”
Defendant also argues that the trial judge should have informed him that the minimum sentence for armed robbery was one year and one day. This argument has been considered and rejected by the Supreme Court in People v Blythe, 417 Mich 430; 339 NW2d 399 (1983). The phrase "for life or for any term of years” was held by the Court to refer only to the maximum sentence to be imposed and not to include any mandatory minimum sentence.
Affirmed.
Reference
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