PEOPLE v. BAYER

Docket No. 281479.

756 N.W.2d 242 (2008)

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Albert Norman BAYER, Defendant-Appellee.

Court of Appeals of Michigan.

Decided May 15, 2008, at 9:05 a.m.


Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, David G. Gorcyca, Prosecuting Attorney, Joyce F. Todd, Chief, Appellate Division, and Janice A. Kabodian, Assistant Prosecuting Attorney, for the people.

Christine A. Derdarian and Ronald E. Kaplovitz, Sylvan Lake, for the defendant.

Before: FORT HOOD, P.J., and TALBOT and BORRELLO, JJ.


TALBOT, J.

Following a preliminary examination, defendant was bound over for trial on three counts of third-degree criminal sexual conduct (CSC). MCL 750.520b(1)(f)(iv); MCL 750.520d(1)(b). Defendant filed a motion to dismiss the charges or quash the information, challenging the constitutionality of MCL 750.520b(1)(f)(iv) by asserting that it is unduly vague, overbroad, and constitutes an improper delegation of legislative authority. The trial court...

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