PEOPLE v. GABOR

Docket No. 214235.

603 N.W.2d 840 (1999)

237 Mich. App. 501

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Petru GABOR, Defendant-Appellee.

Court of Appeals of Michigan.

Decided September 17, 1999, at 9:00 a.m.

Released for Publication January 10, 2000.


Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, David L. Morse, Prosecuting Attorney, and Daniel J. Garber, Jr., Chief Assistant Prosecuting Attorney, for the people.

Richard M. Trost, Brighton, for the defendant.

Before: GRIBBS, P.J., and MICHAEL J. KELLY and HOOD, JJ.


GRIBBS, P.J.

This is a prosecutor's appeal. We reverse and remand.

Defendant was tried before a jury on two counts of fourth-degree criminal sexual conduct (CSC), M.C.L. § 750.520(e); MSA 28.788(5). At the close of the three day trial, the jury was instructed concerning fourth-degree CSC. After the jury completed its deliberations, the foreperson stated on the record the jury's verdict of "guilty for the act of criminal sexual conduct

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