People v. Thompson

Defendant’s September 23, 1975, conviction of criminal sexual conduct in the first degree, MCL 750.520b(l)(f); MSA 28.788(2)(l)(f), was reversed by this Court because of the trial court’s refusal to instruct the jury on necessarily included lesser offenses. People v Thompson, 76 Mich App 705; 257 NW2d 268 (1977), lv den 402 Mich 829 (1977). On retrial, defendant was convicted of criminal sexual conduct in the second degree. MCL 750.520c(l)(f); MSA 28.788(3)(l)(f). On July 21, 1978, he was sentenced to a prison term of 10 to 15 years.

The record indicates that, at the close of the prosecution’s…