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PEOPLE v. LANDIS

Michigan Court of Appeals.
Jul 11, 1979
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PER CURIAM.

Defendant was plea convicted of the charged offense of armed robbery, contrary to MCL 750.529; MSA 28.797, and was sentenced to prison for a term of 7-1/2 to 20 years. He appeals of right and asserts he did not enter his guilty plea understandingly.

Defendant claims error in the trial judge's informing him as follows:

"The armed robbery charge can carry with it, upon conviction, a maximum of life. There is no minimum sentence required under that statute. It is one which does not permit probation as a sentence."

Defendant asserts that there is a mandatory minimum sentence — even though the Courts have not as yet determined what it is. The statute reads in pertinent part: "punishable by imprisonment for life or for any term of years".

We choose to follow the opinion in the case of People v Freeman, 73 Mich. App. 568; 252 N.W.2d 518 (1977), which ruled that there is no mandatory minimum sentence for armed robbery, therefore, a court at a guilty plea proceeding need not advise a defendant of a mandatory minimum prison sentence for armed robbery.

Affirmed.