People v. Mays

Defendant was convicted of first-degree criminal sexual conduct, a violation of MCL 750.520b(l)(e); MSA 28.788(2)(l)(e), and was sentenced to serve from 10 to 20 years imprisonment. The Court of Appeals affirmed. We consider this case upon defendant’s request for a review pursuant to Administrative Order 1977-4, 400 Mich lxvii.

Over defense objection at trial, the court’s jury instruction included the following statement:

"The first lesser included offense which you may consider, if you ñnd the defendant not guilty of ñrstdegree sexual conduct, you may consider whether the prosecutor has proven…