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PEOPLE v. BABCOCK

Docket No. 235518.

672 N.W.2d 533 (2003)

258 Mich. App. 679

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

Court of Appeals of Michigan.

Decided September 25, 2003, at 9:10 a.m.

Released for Publication November 26, 2003.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, John G. McBain, Prosecuting Attorney, and Jerrold Schrotenboer, Chief Appellate Attorney, for the people.

Bruce A. Barton, Jackson, for the defendant.

Before: SAWYER, P.J., and MURPHY and HOEKSTRA, JJ.

ON REMAND

PER CURIAM.

Defendant was sentenced to three years' probation, with the first year to be served in jail,1 after pleading guilty to two counts of second-degree criminal sexual conduct, MCL 750.520c. The legislative sentencing guidelines called for a minimum sentence range of thirty-six to seventy-one months. The prosecutor appealed by leave granted the trial court's downward departure from the sentencing guidelines,...

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