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PEOPLE v. CRIPPEN

Docket No. 209859.

617 N.W.2d 760 (2000)

242 Mich. App. 278

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Daniel Frederick CRIPPEN, Defendant-Appellant.

Court of Appeals of Michigan.

Decided August 22, 2000, at 9:05 a.m.

Released for Publication October 18, 2000.

Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, David G. Gorcyca, Prosecuting Attorney, Daniel L. Lemisch, Chief, Appellate Division, and Joyce F. Todd, Assistant Prosecuting Attorney, for the people.

Musilli, Baumgardner, Wagner & Parnell, P.C. (by Ralph Musilli and Dennis M. Fuller), St. Clair Shores, for the defendant.

Before: WILDER, P.J., and BANDSTRA, C.J., and MARK J. CAVANAGH, J.

WILDER, P.J.

Defendant was charged with one count of third-degree criminal sexual conduct (CSC III), M.C.L. § 750.520d; MSA 28.788(4) (sexual contact by force or coercion). After a preliminary examination, the district court dismissed the charge, finding that the prosecution had not introduced any evidence of force or coercion, but bound defendant over on fourth-degree criminal sexual conduct (CSC IV), M.C.L. § 750.520e(1)(b); MSA 28.788(5)(1)(b), and entry...

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