People v. Waltonen

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(l)(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 (Oxycontin), MCL 333.7401(2)(a)(iv), as indicated in the felony information. Evidence was presented at the preliminary examination that indicated that…