People of Michigan v. Paul Eugene Naseman, 328576

Defendant Paul Naseman pleaded guilty to attempted sexually abusive activity toward a child (MCL 750.145c) and failure to register as a sex offender (MCL 28.729) under a Cobbs plea agreement limiting incarceration to 3–5 years.
The prosecution agreed to cap defendant’s prison term at 3–5 years in exchange for the guilty pleas.
At the plea hearing the prosecutor said fines, costs, and intermediate sanctions remained available at sentencing; defendant confirmed that understanding and signed an Advice of Rights form stating the sentencing agreement pertained only to incarceration.
At sentencing the trial court imposed concurrent terms of 3–5 years (attempted sexually abusive activity) and 32 months–4 years (failure to register), and imposed a $500 fine for failure to register.
Defendant appealed, arguing the $500 fine exceeded the Cobbs agreement and required an opportunity to withdraw his plea; the issue was not raised below, so appellate review was for plain error.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court violated the Cobbs agreement by imposing a $500 fine without offering withdrawal of plea	The State argued fines were expressly left open in the Cobbs agreement and Advice of Rights form, so imposition of a fine did not breach the agreement	Naseman argued the $500 fine was not part of the Cobbs sentencing estimate and thus the court should have allowed plea withdrawal before imposing it	Court affirmed: no plain error because the possibility of fines was clearly contemplated and confirmed on the record
Whether the defendant preserved the right to challenge sentencing error on appeal	The prosecution maintained defendant did not move to withdraw his plea below, so the claim is unpreserved	Naseman contended the fine exceeded the plea agreement and required withdrawal opportunity despite no pre-sentencing motion	Held unpreserved; reviewed for plain error under Carines and no plain error found

People v. Cobbs, 443 Mich. 276 (1993) (judge may give a preliminary sentencing evaluation at defendant's request; defendant may withdraw plea if actual sentence exceeds that evaluation)
People v. Morse, 480 Mich. 1074 (2008) (remanded to remove a fine imposed outside the sentencing agreement where defendant was not offered withdrawal)
People v. Carines, 460 Mich. 750 (1999) (plain-error standard for unpreserved claims on appeal)
People v. Kaczorowski, 190 Mich. App. 165 (1991) (procedural rule requiring motion to withdraw plea to preserve appeal)
Boykins v. Alabama, 395 U.S. 238 (1969) (Fifth Amendment plea-entering protections apply and require voluntariness)