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PEOPLE v. SABIN

Docket No. 187226.

566 N.W.2d 677 (1997)

223 Mich. App. 530

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. James Arthur SABIN, Defendant-Appellant.

Court of Appeals of Michigan.

Decided May 16, 1997, at 9:20 a.m.

Released for Publication August 6, 1997.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, James L. Gregart, Prosecuting Attorney, and Judith B. Ketchum, Assistant Prosecuting Attorney, for People.

Martin J. Beres, St. Clair Shores, for Defendant-Appellant on appeal.

Before RICHARD ALLEN GRIFFIN, P.J., and McDONALD and C.W. JOHNSON, JJ.

RICHARD ALLEN GRIFFIN, Presiding Judge.

Following a jury trial, defendant was convicted of first-degree criminal sexual conduct, M.C.L. § 750.520b(1)(b); M.S.A. § 28.788(2)(1)(b), and sentenced as an habitual offender, second offense, M.C.L. § 769.10; M.S.A. § 28.1082, to life imprisonment. He appeals as of right. We reverse and remand for a new trial. For the reasons stated in sections II, III, and IV, we hold that defendant was denied his right...

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