PEOPLE OF MI V ANTHONY BRIDGES
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
March 5, 1999
Plaintiff-Appellant,
v
No. 211395
Wayne Circuit Court
LC No. 97-005162
ANTHONY BRIDGES,
Defendant-Appellee.
Before: McDonald, P.J., and Hood and Doctoroff, JJ.
MEMORANDUM.
Plaintiff, the People of the State of Michigan (Wayne County Prosecutor), appeals by leave
granted defendant Anthony Bridges’ plea-based conviction of, and sentence for, involuntary
manslaughter, MCL 750.321; MSA 28.553, and the trial court’s denial of its motion to withdraw from
the plea agreement. Based on subsequent developments, we dismiss the prosecutor’s appeal as moot.
This appeal is being decided without oral argument pursuant to MCR 7.214(E).
Defendant was charged with second-degree murder. The parties reached an agreement
whereby defendant would plead guilty to involuntary manslaughter and would be sentenced to a term of
five to fifteen years in prison. The trial court accepted the plea.
At sentencing, the trial court followed the recommendation of the probation department and
imposed a sentence of five years’ probation. The prosecutor moved to withdraw from the plea
agreement based on the trial court’s refusal to impose the agreed-upon sentence. The trial court denied
the motion.
Subsequently, the prosecutor moved to revoke defendant’s probation on the ground that
defendant had sent threatening letters to the complainant’s mother. The trial court revoked defendant’s
probation and sentenced him to five to fifteen years in prison.
A prosecutor is entitled to withdraw from a plea agreement that includes a sentence agreement
when the sentencing court declines to impose the sentence agreed upon by the parties. People v
Jefferson (On Remand), 202 Mich App 606, 609-610; 509 NW2d 776 (1993), aff’d 450 Mich 500;
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537 NW2d 891 (1995). The trial court erred by denying plaintiff’s motion to withdraw from the plea
agreement when it declined to impose the sentence agreed upon by the parties. However, the trial
court’s subsequent revocation of the sentence of probation and imposition of the agreed-upon sentence
renders plaintiff’s appeal moot.
Appeal dismissed.
/s/ Gary R. McDonald
/s/ Harold Hood
/s/ Martin M. Doctoroff
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