PEOPLE OF MI V MARTEZ EUGENE WALKER
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
October 10, 1997
Plaintiff-Appellee,
v
No. 191788
Recorder’s Court
LC No. 94-013889 FH
MARTEZ EUGENE WALKER,
Defendant-Appellant.
Before: Doctoroff, P.J., and Cavanagh and Saad, J.J.
MEMORANDUM.
While represented by counsel, defendant pleaded guilty to probation violation, which consisted
of leaving a drug rehabilitation program without prior permission of the court or his probation officer.
On this appeal of right, defendant contends only that his plea was involuntary.
There is no record support for a claim of involuntariness. After defendant’s plea was offered
and accepted, the probation officer recommended to the court that a new probationary sentence,
involving a different drug rehabilitation program, be imposed. The trial court instead ordered an
updated presentence report, and then ultimately sentenced defendant to imprisonment. Even assuming
the probation officer’s recommendation could be construed as a promise of leniency, it came after
defendant’s plea, not before it. Therefore, it cannot have served as an inducement for the plea so as to
have rendered it involuntary when unfulfilled. Accordingly, the trial court’s acceptance of the plea
constitutes a satisfactory judicial finding that the plea was freely, understandingly and voluntarily made.
Guilty Plea Cases, 395 Mich 96, 126; 235 NW2d 132 (1975).
Affirmed.
/s/ Martin M. Doctoroff
/s/ Mark J. Cavanagh
/s/ Henry W. Saad
-1
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