Summary Dispositions May 24, 1996:
In lieu of granting leave to appeal, the judgment of the Court of Appeals is reversed. MCR 7.302(F)(1). The plea agreement in this case allowed the defendant to avoid a potential life sentence under the fourth-felony charge or a possible forty-year sentence under the second drug offender charge. By reducing the fourth-felony charge to a second-felony charge, defendant reduced the maximum prison exposure from life to thirty years. Thus, the defendant received a substantial benefit as a result of the plea. The case is remanded to the Court of Appeals for consideration of the other issues raised by the defendant in his appeal which were not addressed by that Court. Jurisdiction is not retained.
Court of Appeals No. 171133.
LEVIN, J.
I would deny leave to appeal, but could join in an order remanding to the Court of Appeals to determine if Graham's plea was in fact knowing and voluntary, and I dissent from the peremptory reversal of the Court of Appeals.
CAVANAGH, J.
I concur with the statement of Justice LEVIN.