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PEOPLE OF MI V AVANA WILLIAMS
State: Michigan
Court: Supreme Court
Docket No: 116535
Case Date: 06/01/2001
Preview:Michigan Supreme Court Lansing, Michigan 48909 ____________________________________________________________________________________________
C hief Justice Justices

Maura D. Cor rigan

Opinion
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
v AVANA WILLIAMS,
Defendant-Appellant.
________________________________ PER CURIAM


Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Clifford W. Taylor Robert P. Young, Jr. Stephen J. Markman

____________________________________________________________________________________________________________________________

FILED JUNE 1, 2001


No. 116535


This case concerns the procedure to be followed in guilty
plea proceedings when the court determines that it cannot
impose the sentence that was contemplated by a preliminary
understanding under People v Cobbs, 443 Mich 276; 505 NW2d 208
(1993). when The defendant contends that, in those circumstances,
court offers the defendant the opportunity to


the

withdraw the plea, it must indicate the sentence that will be
imposed if defendant elects to allow the plea to stand. We


hold that there is no such requirement and affirm the circuit
court's judgment.


I
Defendant Williams was charged with first-degree retail
fraud.1 On October 16, 1998, she appeared and, after a


conference between counsel and the court, indicated that she
wished to plead guilty to that charge as a fourth felony
offender2 with an understanding under People v Cobbs that the
sentence would be no more than nine months. "I will agree to that." basis for the plea The court said,


The defendant then offered a factual
admitted three previous felony


and

convictions.
Defendant appeared for sentencing on November 6, 1998.
After a conference between counsel and the court, the


following exchange occurred:
The Court: You understand you have a right to
withdraw your guilty plea, Ms. Williams?
Ms. Williams: Yes.


The Court: And you wish to go forward with
sentencing nonetheless?
Ms. Williams: Yes.


The Court: And you understand I'm not going
to abide by the Cobb agreement?
Ms. Williams: Yes.


The court then imposed a 1
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