PEOPLE v. DAVIS

Docket No. 44646.

102 Mich. App. 403 (1980)

301 N.W.2d 871

PEOPLE v. DAVIS

Michigan Court of Appeals.

Decided December 15, 1980.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William F. Delhey, Prosecuting Attorney, and James S. Sexsmith, Assistant Prosecuting Attorney, for the people.

Joseph H. Wagner, P.C., for defendant.

Before: DANHOF, C.J., and BRONSON and CYNAR, JJ.


BRONSON, J.

Following a jury trial in the Washtenaw County Circuit Court, defendant was convicted of third-degree criminal sexual conduct in violation of MCL 750.520d(1)(c); MSA 28.788(4)(1)(c) (sexual penetration with a person "the actor knows or has reason to know" is mentally defective, mentally incapacitated, or physically helpless). Defendant was sentenced to serve a term of 10 to 15 years in prison, and appeals by leave granted.

On July 4, 1975, complainant...

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