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PEOPLE v. GASCO

Docket No. 52427.

119 Mich. App. 143 (1982)

326 N.W.2d 397

PEOPLE v. GASCO

Michigan Court of Appeals.

Decided June 24, 1982.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Keith J. Schuiteman, Prosecuting Attorney, and Mary C. Smith, Assistant Attorney General, for the people.

Kim Robert Fawcett, Assistant State Appellate Defender, for defendant on appeal.

Before: M.F. CAVANAGH, P.J., and BRONSON and BEASLEY, JJ.

PER CURIAM.

Following a jury trial in the Newaygo County Circuit Court, defendant was found to be guilty as charged of first-degree criminal sexual conduct. MCL 750.520b(1)(e); MSA 28.788(2)(1)(e). Defendant was sentenced to serve a term of from 60 to 90 years' imprisonment.

We are constrained to agree with defendant's assertion that the trial court's erroneous instructions on sanity left defendant without a viable defense and reluctantly reverse his conviction...

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