People v. DePlanche

Following a jury trial, defendant was convicted of first-degree criminal sexual conduct for engaging in sexual penetration of his daughter when she was less than thirteen years old, MCL 750.520b(l)(a); MSA 28.788(2)(l)(a). Defendant was sentenced to six to fifteen years of imprisonment. Defendant now appeals as of right, and we reverse.

i

At trial, the prosecutor presented the testimony of Dr. David Hickok, a pediatrician, who examined the child approximately six months after the alleged incident. Dr. Hickok gave the child a complete physical examination which revealed several symptoms…