PEOPLE OF MI V CURRAN DELAND WILSON
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
December 21, 2010
Plaintiff-Appellee,
V
No. 294056
Genesee Circuit Court
LC No. 08-022146-FC
CURRAN DELAND WILSON,
Defendant-Appellant.
Before: BECKERING, P.J., and TALBOT and OWENS, JJ.
MEMORANDUM.
Defendant entered a plea of guilty to a charge of armed robbery, MCL 750.529, and was
sentenced to 108 to 300 months in prison. However, based on a corrected scoring of the
sentencing guidelines, he was resentenced to 35 to 300 months in prison. This Court granted
defendant’s delayed application for leave to appeal. We now affirm. This appeal has been
decided without oral argument pursuant to MCR 7.214(E).
Defendant argues that the court did not abide by a plea agreement to sentence him
towards the middle of the sentencing guidelines range. He seeks specific performance of the
agreement.
If the trial court accepts a plea induced by an agreement with the prosecutor, then the
terms of the agreement must be fulfilled. Santobello v New York, 404 US 257, 262; 92 S Ct 495;
30 L Ed 2d 427 (1971). “If the evidence establishes that the prosecutor or the judge has made a
statement which fairly interpreted by the defendant . . . is a promise of leniency, and the
assurance is unfulfilled, the plea may be withdrawn and the case proceed to trial.” In re Valle,
364 Mich 471, 477-478; 110 NW2d 673 (1961). However, in People v Schluter, 204 Mich App
60, 67; 514 NW2d 489 (1994), this Court noted that “where a trial court substantially fails to
fulfill a plea agreement, a reviewing court has discretion to choose between vacating the plea or
ordering specific performance, with the defendant’s choice accorded considerable weight.” A
breach of a plea bargain involves a constitutional right rooted in the due process clause. People v
Gallego, 430 Mich 443, 449; 424 NW2d 470 (1988). Questions involving constitutional issues
are reviewed de novo. People v LeBlanc, 465 Mich 575, 579; 640 NW2d 246 (2002).
At the plea hearing there was some discussion regarding whether the judge was likely to
sentence defendant somewhere in the middle of the guidelines range as preliminarily calculated
by the prosecutor and the defense attorney. However, the plea agreement actually stated on the
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record by the judge and the attorneys and confirmed by the defendant was simply to sentence
defendant within the guidelines range. The ultimate guidelines range was not consistent with the
attorneys’ calculation. However, the sentence was within the guidelines range. Thus, the
sentence comported with the agreement.
Affirmed.
/s/ Jane M. Beckering
/s/ Michael J. Talbot
/s/ Donald S. Owens
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