People v. Rockey

Defendant appeals by leave granted from his conviction of first-degree criminal sexual conduct, MCL 750.520b(l)(a); MSA 28.788(l)(a), for oral sexual penetration of a seven-year-old girl. He was sentenced to twenty-five to fifty years’ imprison ment. We affirm defendant’s conviction, reverse his sentence, and remand for resentencing.

On November 11, 1994, defendant, Jerry W. Rockey, and Ruth Rockey, his wife, were visiting the victim’s family when Mrs. Rockey had to leave the home because of a hospital appointment. The victim’s mother offered to take her to the hospital because defendant’s car…