PEOPLE OF MI V GERALD FIELDS JR
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
April 30, 1999
Plaintiff-Appellee,
v
No. 205657
Calhoun Circuit Court
LC No. 95-001206 FH
GERALD FIELDS, JR.,
Defendant-Appellant.
Before: Kelly, P.J., and Neff and Smolenski, JJ.
MEMORANDUM.
Defendant pleaded nolo contendere to possession with intent to deliver less than 50 grams of
cocaine, MCL 333.7401(1) and (2)(a)(iv); MSA 14.15(7401)(1) and (2)(a)(iv), and was sentenced to
three to twenty years’ imprisonment. Defendant appeals as of right. We affirm.
Our review of the record indicates that defendant’s plea was secured, in part, by a sentence
agreement pursuant to which the prosecutor promised to recommend a sentence cap of the middle of
the sentencing guidelines recommended range. The prosecutor honored this agreement at sentencing.
The trial court imposed a sentence that was exactly in the middle of the guidelines range. Because the
sentencing agreement was honored, defendant was not entitled to withdraw his plea. People v Eloby
(After Remand), 215 Mich App 472, 476; 547 NW2d 48 (1996).
To the extent that defendant argues that his plea was not an understanding one, his failure to
move to withdraw his plea in the trial court on this ground precludes appellate consideration of the
claim. MCR 6.311(C); People v Beasley, 198 Mich App 40, 42-43; 497 NW2d 200 (1993).
Affirmed.
/s/ Michael J. Kelly
/s/ Janet T. Neff
/s/ Michael R. Smolenski
-1
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
