People v. Basinger

Following a jury trial, defendant was convicted of two counts of second-degree criminal sexual conduct, MCL 750.520c; MSA 28.788(3) (counts i and n), and one count of first-degree criminal sexual conduct, MCL 750.520b(1)(b); MSA 28.788(2)(1)(b)(count hi). Defendant subsequently filed a motion to dismiss counts i and n and for a new trial on count m. The trial court granted defendant’s motion to dismiss counts i and 11 on the ground that the statute of limitations as construed in People v Russo, 185 Mich App 422; 463 NW2d 138 (1990), afFd in part and rev’d in part 439 Mich 584; 487 NW2d 698…