(dissenting). I cannot agree with the results reached by the majority. The writer does not agree that a circuit judge is bound to accept the recommendation of the prosecuting attorney in a case where the circuit court has obtained jurisdiction.
However, it is not necessary to consider such an issue in this case.
The prosecutor recommended that the trial judge accept a plea of guilty to the offense of "attempted felonious assault”. This court in People v Banks, 51 Mich App 685, 690; 216 NW2d 461, 463 (1974), said "there can be no such crime as attempted felonious assault”. Therefore, the trial judge could not accept the plea.
I would affirm.