PEOPLE OF MI V MARLAN EDWARD JOHNSONAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
June 12, 1998
Macomb Circuit Court
LC No. 95-002861 FC
MARLAN EDWARD JOHNSON,
Before: Wahls, P.J., and Jansen and Gage, JJ.
Defendant pleaded guilty to armed robbery, MCL 750.529; MSA 28.797, and was sentenced
to 3-1/2 to 15 years’ imprisonment. Defendant appeals by leave granted. We affirm. This case is
being decided without oral argument pursuant to MCR 7.214(E).
The trial court did not abuse its discretion when it denied defendant’s post-sentencing motion to
withdraw his guilty plea. People v Eloby (After Remand), 215 Mich App 472, 475; 547 NW2d 48
(1996). No promise of leniency went unfulfilled where, at the time of the plea taking, the trial court
informed defendant that it would allow him to withdraw his plea if the court imposed a sentence that
exceeded the sentencing guidelines range, which the record indicates that defendant understood to be
twelve to forty-eight months, and where the court imposed a forty-two-month minimum sentence. In re
Valle, 364 Mich 471, 477; 110 NW2d 673 (1961).
Defendant may not challenge the proportionality of his sentence, People v Cobbs, 443 Mich
276, 285; 505 NW2d 208 (1993), and, therefore, cannot state a cognizable guidelines scoring
challenge, People v Mitchell, 454 Mich 145, 176-177; 560 NW2d 600 (1997).
/s/ Myron H. Wahls
/s/ Kathleen Jansen
/s/ Hilda R. Gage