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PEOPLE v. BABCOCK

Docket No. 223624.

624 N.W.2d 479 (2000)

244 Mich. App. 64

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Gerald Lee BABCOCK, Defendant-Appellee.

Court of Appeals of Michigan.

Decided December 26, 2000, at 9:10 a.m.

Released for Publication February 27, 2001.

Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, John G. McBain, Prosecuting Attorney, and Jerrold Schrotenboer, Chief Appellate Attorney, for the people.

Bruce A. Barton, P.C. (by Bruce A. Barton), Jackson, for the defendant.

Before TALBOT, P.J., and HOOD and GAGE, JJ.

TALBOT, P.J.

Defendant was charged with one count of first-degree criminal sexual conduct, M.C.L. § 750.520b; MSA 28.788(2), involving his twelve-year-old "cousin." In exchange for defendant pleading guilty of two counts of second-degree criminal sexual conduct, M.C.L. § 750.520c; MSA 28.788(3), the prosecutor dropped the first-degree criminal sexual conduct charge. Although the legislatively created sentencing...

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