PEOPLE OF MI V CLOUDIS L WINBUSH

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED May 22, 2001 Plaintiff-Appellee, v No. 221486 Genesee Circuit Court LC No. 92-047796-FH CLOUDIS L. WINBUSH, Defendant-Appellant. Before: McDonald, P.J., and Smolenski and K. F. Kelly, JJ. MEMORANDUM. Defendant appeals as of right from a probation violation conviction, based on an underlying conviction for possessing less than fifty grams of cocaine with intent to deliver. MCL 333.7401(2)(a)(iv); MSA 14.15(7401)(2)(a)(iv). The trial court sentenced defendant to a term of 30 months to 20 years’ imprisonment. We decide this appeal without oral argument pursuant to MCR 7.214(E). We affirm. The petition charging defendant with probation violation contained six allegations. The prosecutor indicated that if defendant pleaded guilty to one allegation, she would drop the remaining five. The court disapproved of that procedure and required that the parties proceed with a hearing. Defendant contends that the court’s refusal to accept the plea constituted reversible error. We disagree. A defendant does not have an absolute right to have a guilty plea accepted and the court may reject a plea in the exercise of its sound discretion. People v Grove, 455 Mich 439, 461; 566 NW2d 547 (1997); MCR 6.445(F). The court may also reject pleas to reduced charges. People v Siebert, 450 Mich 500, 509-510; 537 NW2d 891 (1995). Furthermore, defense counsel expressly approved the manner in which the court handled the probation violation proceedings. A defendant cannot “assign error on appeal to something his own counsel deemed proper.” People v Green, 228 Mich App 684, 691; 580 NW2d 444 (1998). Defense counsel’s approval “constitutes a waiver that extinguishes any error.” People v -1- Carter, 462 Mich 206, 216; 612 NW2d 144 (2000) (emphasis in original). Affirmed. /s/ Gary R. McDonald /s/ Michael R. Smolenski /s/ Kirsten Frank Kelly -2-

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