PEOPLE OF MI V JAMES C CRISTINI
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
March 4, 1997
Plaintiff-Appellee,
v
No. 181585
Oakland Circuit Court
LC Nos. 94-134253 FH, 94
134254 FH
JAMES C. CRISTINI,
Defendant-Appellant.
Before: Jansen, P.J., and Reilly and W.C. Buhl,* JJ.
MEMORANDUM.
Defendant pleaded guilty of two counts of drawing a check over $200 without sufficient funds,
MCL 750.131(3)(c); MSA 28.326(3)(c) and of being an habitual offender, second offense, MCL
769.10; MSA 28.1082. On October 17, 1994, he was sentenced as an habitual offender to one year
in jail, with credit for 132 days previously served. Defendant’s claim of appeal was filed with this Court
on December 19, 1994. According to the circuit court’s docket entries, defendant filed a motion to
withdraw his pleas on September 9, 1996. Defendant asserted that the pleas were entered pursuant to
a Cobbs1 agreement, that the court’s preliminary evaluation was that the sentence “would consist of
time served,” and that the court exceeded that evaluation without giving defendant the opportunity to
withdraw his plea. This argument is also advanced as defendant’s sole issue on appeal. The record
does not indicate that the court held a hearing or ruled on defendant’s motion. Therefore, a ruling by
this Court would be premature. Accordingly, we remand to the circuit court for further proceedings and
a determination on defendant’s motion.
Remanded. We retain jurisdiction.
/s/ Kathleen Jansen
/s/ Maureen Pulte Reilly
/s/ William C. Buhl
* Circuit judge, sitting on the Court of Appeals by assignment.
-1
1
People v Cobbs, 443 Mich 276; 505 NW2d 208 (1993).
-2
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