People v. Mosko

Following a jury trial, defendant was convicted of first-degree criminal sexual conduct, MCL 750.520b(1)(b)(ii); MSA 28.788(2)(1)(b)(ii), and was sentenced to ten to twenty years’ imprisonment. He appeals as of right. We affirm his conviction, but remand for resentencing.

Defendant claims that the trial court erred when it admitted pursuant to MRE 803(4) testimony by a physician that the victim told the physician that she had been fondled and raped on repeated occasions by one person. We note that defendant objected to the physician’s testimony that the victim had been raped and that there was…