People v. Austin

Doctoroff, C.J.

(dissenting). I respectfully dissent for the reason that the Michigan Supreme Court has clearly indicated, through the staff comment to MCR 6.301(A), that a trial court may reject only those pleas that are not in conformance with the remaining provisions of subchapter 6.300, Pleas. Because there are no allegations and no evidence that the plea agreement violated any of the court rules in subchapter 6.300, i.e., that the plea lacked voluntariness or accuracy, the trial court was without authority to reject the plea agreement entered into by the prosecutor and defendant on the day before trial. I would reverse *572defendant’s convictions and remand to the trial court for the entrance of a guilty plea in conformance with the plea agreement and for resentencing.