People v. Proveaux

Defendant was convicted of first-degree criminal sexual conduct, MCL 750.520b; MSA 28.788(2), following a jury trial. On appeal, defendant raises a question of first impression: whether he could be convicted of first-degree criminal sexual conduct on the theory that he was armed within the meaning of the statute when the victim had disarmed defendant prior to penetration. We answer in the affirmative. Defendant also argues that the circuit court erred in admitting serological evidence including defendant in a class of individuals who could have committed the crime. We find no error and affirm…