People v. Phelps

Defendant Kenneth Phelps appeals as of right his convictions of first-degree criminal sexual conduct (CSC I)1 and third-degree criminal sexual conduct (CSC III).2 Following a bench trial, the trial court convicted Phelps and sentenced him as a second-offense habitual offender3 to imprisonment for 23 to 45 years for the CSC I conviction and imprisonment for 14 to 22 years and 6 months for the CSC III conviction. We affirm Phelps’s convictions, but remand for resentencing.

I. BASIC FACTS AND PROCEDURAL HISTORY

On December 21, 2007, CJ, age 19, and DH, age 14, went to visit their friend, the…