People v. Lyons

Following a jury trial, defendant was convicted of third-degree criminal sexual conduct, MCL 750.520d(l)(c); MSA 28.788(4)(l)(c). Defendant was sentenced to three to fifteen years in prison. He appeals as of right and we reverse.

On April 16, 1985, complainant went to defendant’s Ypsilanti apartment. There she drank several beers and smoked a marijuana cigarette. A number of individuals, including defendant, were present during the course of the evening. At one point, complainant sniffed from a small vial containing "rush.” She immediately felt light-headed and soon thereafter requested that…