PEOPLE OF MI V RICKIE GENE SPRAGUE

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED May 8, 2008 Plaintiff-Appellee, v No. 278007 Genesee Circuit Court LC No. 06-019145-FH RICKIE GENE SPRAGUE, Defendant-Appellant. Before: White, P.J., and Hoekstra and Smolenski, JJ. WHITE, P.J. (dissenting). Without regard to whether counsel was ineffective, it is clear from the record that the plea agreement was negotiated between defense counsel and the prosecutor, and accepted by defendant, with all believing and accepting that the sentence would be within a certain guidelines range. Under these circumstances, I conclude the court abused its discretion in refusing to allow defendant to withdraw his plea. /s/ Helene N. White -1-

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