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PEOPLE v. DERRICK VAUGHN

Docket No. 132045.

200 Mich. App. 611 (1993)

505 N.W.2d 41

PEOPLE v. DERRICK VAUGHN

Michigan Court of Appeals.

Decided July 19, 1993, at 9:15 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Robert E. Weiss, Prosecuting Attorney, Donald A. Kuebler, Chief, Appellate Division, and Philip C. Elliott, Deputy Chief Assistant Prosecuting Attorney, for the people.

Earl R. Spuhler, for the defendant on appeal.

Before: GRIFFIN, P.J., and REILLY and FITZGERALD, JJ.

REILLY, J.

Defendant was convicted after a jury trial of one count of criminal sexual conduct in the first degree, MCL 750.520b(1)(c); MSA 28.788(2)(1) (c), and one count of kidnapping, MCL 750.349; MSA 28.581. He subsequently pleaded guilty to being a second-felony habitual offender, MCL 769.10; MSA 28.1082, and was sentenced to concurrent terms of forty to sixty years of imprisonment. Defendant now appeals his convictions and sentence as of right. We reverse.

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