In People v. White
, No. 315579, the Michigan Court of Appeals denied relief to the defendant, who alleged that the trial court abused its discretion by refusing an evidentiary hearing on the voluntariness of his guilty plea, and refusing to allow him to withdraw his guilty plea because he was charged in excess of his sentence evaluation under People v. Cobbs
, 443 Mich. 276 (1993). He pleaded guilty to one count of operating a criminal enterprise and two counts of obtaining money under false pretenses, stemming from his operation of a fraudulent mortgage modification company. Before charges were filed, he agreed to pay $2,000 per week in restitution, but he stopped making the payments and was thereafter charged. After his plea, he received a sentencing evaluation, pursuant to Cobbs
. The trial court agreed to delay sentencing, delay again if the defendant paid $20,000 in restitution, and sentence him in the bottom third of the recommended sentencing range if he paid an additional $20,000. He failed to make the first payment and was sentenced above the bottom third of the recommended sentence.