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PEOPLE v. DERBECK

Docket No. 137436.

202 Mich. App. 443 (1993)

509 N.W.2d 534

PEOPLE v. DERBECK

Michigan Court of Appeals.

Decided November 15, 1993, at 9:30 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, William D. Frey, Prosecuting Attorney, and Lawrence J. Van Wasshenova, Assistant Prosecuting Attorney, for the people.

Mark H. Magidson, for the defendant on appeal.

Before: FITZGERALD, P.J., and MICHAEL J. KELLY and W.J. CAPRATHE, JJ.

MICHAEL J. KELLY, J.

Following a jury trial, defendant was convicted of assault with intent to commit criminal sexual conduct involving sexual penetration, MCL 750.520g(1); MSA 28.788(7)(1), and second-degree criminal sexual conduct, MCL 750.520c(1)(f); MSA 28.788(3)(1)(f). Subsequently, defendant pleaded guilty of being an habitual offender, fourth offense, MCL 769.12; MSA 28.1084. He was sentenced to concurrent terms of twenty-five to fifty years' imprisonment....

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