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PEOPLE v. WALTONEN

Docket No. 270229.

728 N.W.2d 881 (2006)

272 Mich. App. 678

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Lloyd Joseph WALTONEN, Defendant-Appellee.

Court of Appeals of Michigan.

Decided November 7, 2006, at 9:00 a.m.

Released for Publication February 28, 2007.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, John A. Jarema, Prosecuting Attorney, Shaynee K. Fanara, Chief Assistant Prosecuting Attorney, and Brian O. Neill, Assistant Attorney General, for the people.

Kerry B. Zahner, Charlevoix, for the defendant.

Before: WHITBECK, C.J., and MURPHY and SMOLENSKI, JJ.

MURPHY, J.

The prosecution appeals by leave granted the circuit court's order granting defendant's motion to quash the information relative to four counts of first-degree criminal sexual conduct (CSC I), MCL 750.520b(1)(c), which makes it an offense to engage in sexual penetration under circumstances involving the commission of any other felony. The underlying or predicate felony in this case is delivery of less than 50 grams of a controlled substance

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