People State Michigan v. David Brian Krowl

On May 3, 1994, the delayed application for leave to appeal was considered, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, this matter was remanded to the Recorder's Court for the City of Detroit to conduct a hearing to determine the precise terms of the plea/sentence agreement, including whether the parties and the court intended the agreement to encompass only a sentence to the controlling mandatory minimum term or a sentence of 20 to 30 years, notwithstanding the fact that at the time the offense was committed, the mandatory minimum term was 10 to 30 years. See 1987 PA 275. The Recorder's Court for the City of Detroit was further ordered to transmit its findings of fact and Conclusions of law as well as a transcript of any proceedings, to the Clerk of this Court. On remand, the Recorder's Court did file its findings of fact and Conclusions of law, a copy of the transcript of a portion of the proceedings on remand having been transmitted to this Court, the parties having stipulated that the defendant could withdraw his plea under the circumstances, the parties having thereafter further stipulated to a new plea/sentence agreement under which the defendant would offer a plea of guilty to the delivery of more than 225 but less than 650 grams of cocaine, MCL 333.7401(2)(a)(ii); MSA 14.15(7401)(2)(a)(ii), and be sentenced to a 15- to 30-year term, and the trial court having accepted the agreement, and sentenced the defendant to a 15- to 30-year term, the delayed application for leave to appeal is again considered. In view of the parties' stipulations, the trial court's subsequent acceptance of the July 14, 1995 new plea/sentence agreement and its July 26, 1995 sentencing of the defendant to 15 to 30 years pursuant thereto, the delayed application is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court. This matter is REMANDED to the Recorder's Court for the City of Detroit for entry, if necessary, of any judgment of sentence and committal of the defendant pursuant to the July 14, 1995 and July 26, 1995 plea and sentencing proceedings.