People v. Bone

Defendant was charged with two counts of third-degree criminal sexual conduct (CSC), MCL 750.520d(l)(c); MSA 28.788(4)(l)(c). Following a jury trial, he was convicted of one count of third-degree CSC 2 and was sentenced to a prison term of three to fifteen years. He appeals as of right. We reverse and remand for a new trial.

On appeal, defendant contends that the prosecutor’s references to the victim’s virginity violated MRE 404(a)(3) and denied him a fair trial. We agree and, therefore, reverse defendant’s conviction.

On September 6, 1996, the sixteen-year-old victim and her younger sister…