(concurring in part, dissenting in part). I agree with the majority’s resolution of the first and third issues raised by defendant. However, I do not agree with their disposition of defendant’s claim that he should have been allowed to withdraw his plea because the trial court refused to follow the prosecutor’s sentence recommendation. Prior to accepting defendant’s plea, the trial court clearly and specifically informed defendant that the court was not bound by that recommendation, and the defendant acknowledged that he understood; then defendant proceeded to ask the court to accept his plea under those conditions. The trial court did all that was required of it under the circumstances, People v Hagewood, 88 Mich App 35, 39; 276 NW2d 585 (1979) (Cynar, J., concurring), and People v Yates, 99 Mich App 396, 399; 297 NW2d 680 (1980). I would affirm defendant’s plea-based conviction, vacate his sentence, and remand the case for resentencing in accord with the majority opinion.