People v. James Smith

After a bench trial, defendant was convicted of assault with intent to commit murder, MCL 750.83; MSA 28.278, assault with intent to commit criminal sexual conduct, MCL 750.520g(1); MSA 28.788(7)(1), and third-degree criminal sexual conduct, MCL 750.520d(1); MSA 28.788(4)(1). Concurrent sentences were imposed, and defendant appeals by right.

Defendant’s convictions were the result of two lower court cases, involving two different complainants, which were consolidated for trial. Prior to trial, the prosecutor indicated that he intended to use each complainant as a similar acts witness in the…