D.E. HOLBROOK, JR., P.J.
Defendant was convicted by a jury of first-degree criminal sexual conduct, MCL 750.520b(1)(e); MSA 28.788(2)(1)(e), the theory of the prosecution being that defendant committed an act of sexual penetration while armed with a weapon. Defendant was sentenced to a prison term of 10 to 15 years. Defendant appealed as of right. Thereafter defendant moved in this Court to remand to the trial court for purposes of permitting a motion for a new trial...
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