PEOPLE v. ROBERTS

PER CURIAM.

Following plea negotiations, defendant entered a plea of guilty to a charge of assault with intent to commit sexual penetration, contrary to MCL 750.520g(1); MSA 28.788(7)(1). Following sentence, this appeal follows as of right.

Citing People v Fountain, 407 Mich. 96; 282 N.W.2d 168 (1979), defendant urges reversal. He alleges that since part of the plea bargain involved the prosecutor's promise to foresake habitual offender proceedings, his plea was the product of an illusory bargain. We reject his argument for the reasons set forth in People v Hutcherson, 96 Mich. App. 365; 292 N.W.2d 466 (1980).

Affirmed.