People v. Wesley

Following a jury trial in the Bay Circuit Court, the defendant was convicted of one count of first-degree criminal sexual conduct, MCL 750.520b(1)(a); MSA 28.788(2)(l)(a), and was sentenced to forty to sixty years in prison. The Court of Appeals affirmed the defendant’s conviction and sentence in an unpublished per curiam opinion. At the request of Circuit Judge William Caprathe, the trial judge in this case, the opinion was later published. 148 Mich App 758; 384 NW2d 783 (1985).

*711We granted defendant’s application for leave to appeal on June 24, 1986, as to whether a defendant must be…