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PEOPLE v. McMILLEN

Docket No. 60546.

126 Mich. App. 211 (1983)

336 N.W.2d 895

PEOPLE v. McMILLEN

Michigan Court of Appeals.

Decided June 6, 1983.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward Reilly Wilson, Deputy Chief, Civil and Appeals, and A. George Best, II, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by Rolf E. Berg), for defendant on appeal.

Before: V.J. BRENNAN, P.J., and M.J. KELLY and J.M. GRAVES, JR., JJ.

V.J. BRENNAN, P.J.

After a jury trial, the defendant was convicted of two counts of third-degree criminal sexual conduct, MCL 750.520d(1); MSA 28.788(4)(1), and one count of breaking and entering with intent to commit criminal sexual conduct, MCL 750.110; MSA 28.305. Defendant was sentenced to concurrent prison terms of 5 to 15 years for each of the convictions and appeals as of right.

Defendant's first claim on appeal is that the trial court's failure

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