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STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v JOHN LEE MILLER, Defendant-Appellant.

UNPUBLISHED January 21, 1997

No. 195800 Ingham Circuit LC No. 92-063784-FH

Before: Neff, P.J., and Smolenski and D. A. Roberson,* JJ. PER CURIAM. Defendant pleaded guilty to one count of larceny from a person, MCL 750.357; MSA 28.589, and was sentenced to 72 to 120 months' imprisonment. He appeals as of right, insisting that his sentence must be vacated because it exceeds the recommendation in the plea agreement. We remand for resentencing. I In exchange for defendant's plea of guilty, the prosecution agreed to dismiss a second count of larceny from a person and one count of possession of marijuana, MCL 333.7403(1), (2)(d); MSA 14.15(7403)(1), (2)(d), and further agreed to not file an allegation that defendant was an habitual offender (third), MCL 769.11; MSA 28.1083. The prosecution also agreed to recommend that defendant's minimum sentence not exceed the applicable sentencing guidelines range. The trial court accepted defendant's plea pursuant to this agreement. Defendant did not appear at his sentencing hearing and he remained at large for 2

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