People v. Duenaz

Following a jury trial held in St. Clair County Circuit Court, defendant was convicted of fourth-degree criminal sexual conduct, MCL 750.520e(1)(a); MSA 28.788(5)(1)(a). Defendant was also convicted at a bench trial on a supple mental information charging him as a habitual offender, second conviction, MCL 769.10; MSA 28.1082. Defendant was sentenced on July 11, 1984, to serve one year in jail. He now appeals as of right.

The incident complained of occurred on February 18, 1984. Complainant, April Lumley, was employed as a cook at defendant’s restaurant. Shortly after arriving at work,…