PEOPLE OF MI V BRADLEY DUANE YOUNG

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED April 27, 1999 Plaintiff-Appellee, v No. 205172 Ingham Circuit Court LC No. 96-069846 FH BRADLEY DUANE YOUNG, Defendant-Appellant. Before: Gage, P.J., and Gribbs and Hoekstra, JJ. MEMORANDUM. Defendant pleaded guilty to conspiracy to deliver more than 225 grams, but less than 650 grams, of cocaine, MCL 750.157a; MSA 28.354(1); MCL 333.7401(1) and (2)(a)(ii); MSA 14.15(7401)(1) and (2)(a)(ii), and was sentenced to twenty to thirty years’ imprisonment. Defendant appeals as of right. We affirm. This case is being decided without oral argument pursuant to MCR 7.214(E). Absent good cause, a delay in sentencing of more than one year deprives the court of personal jurisdiction over the defendant for sentencing purposes. People v Richards, 205 Mich App 438, 442, 444-445; 517 NW2d 823 (1994). The defendant may waive the one-year requirement, however, and consent to personal jurisdiction of the court for the purpose of sentencing. Id., at 445. On the instant record, we conclude that good cause exists for the fourteen-month delay in this case. Defendant pleaded guilty to a lesser offense in exchange for the dismissal of a charge of conspiracy to deliver 650 grams or more of cocaine filed in this case and a charge of delivery of 50 grams or more, but less than 225 grams of cocaine filed in another case, and for a minimum sentence of twenty years’ imprisonment. The plea and sentencing agreements were conditioned, in part, on defendant’s cooperation with law enforcement authorities by testifying truthfully at the trials of his co­ conspirators. The trial court delayed sentencing in this case until defendant had satisfied the conditions precedent contained in these agreements. The conditional nature of the -1­ plea and sentencing agreements and the need to ensure that defendant met those conditions before he received the benefits of the agreements constitute good cause for the delay. Affirmed. /s/ Hilda R. Gage /s/ Roman S. Gribbs /s/ Joel P. Hoekstra -2­

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