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PEOPLE v. HUTNER

Docket No. 163662.

209 Mich. App. 280 (1995)

530 N.W.2d 174

PEOPLE v. HUTNER

Michigan Court of Appeals.

Decided March 7, 1995, at 9:25 A.M.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, Timothy A. Baughman, Chief of Research, Training, and Appeals, and Thomas M. Chambers, Assistant Prosecuting Attorney, for the people.

Joseph P. Zanglin, for the defendant on appeal.

Before: CORRIGAN, P.J., and CAVANAGH and L.C. ROOT, JJ.

PER CURIAM.

Defendant appeals as of right from his bench conviction of first-degree felony murder, MCL 750.316; MSA 28.548, for which he was sentenced to life in prison without parole. We vacate the conviction of first-degree murder and remand for entry of a conviction of second-degree murder and sentencing for that offense.

Defendant's conviction arose out of the murder of a woman and the subsequent sexual penetration of her corpse in Detroit. According to...

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