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PEOPLE v. RICE

Docket Nos. 45599, 47326.

101 Mich. App. 1 (1980)

300 N.W.2d 428

PEOPLE v. RICE

Michigan Court of Appeals.

Decided October 23, 1980.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Ronald C. Zellar, Prosecuting Attorney (by Mary C. Smith, Assistant Attorney General, Prosecuting Attorneys Appellate Service), for the people.

F. Martin Tieber, Assistant State Appellate Defender, for defendant on appeal.

Before: T.M. BURNS, P.J., and BEASLEY and G.R. DENEWETH, JJ.

BEASLEY, J.

Defendant, Gillis James Rice, was convicted in a nonjury trial of assault with intent to commit criminal sexual conduct involving penetration, in violation of MCL 750.520g(1); MSA 28.788(7)(1). He was sentenced to not less than six years and eight months nor more than ten years in prison. Subsequent to this conviction, the prosecutor filed a supplemental information charging defendant as an habitual (third) offender. In a jury trial, defendant was then...

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