People v. Tenbrink

D. E. Holbrook, Jr., J.

Defendant appeals as of right his September 1, 1976, jury conviction of guilty but mentally ill, MCL 768.36; MSA 28.1059, of criminal sexual conduct in the first degree, MCL 750.520b(l)(f); MSA 28.788(2)(l)(f). On appeal defendant advances four reasons for reversal, only one of which warrants extended discussion.

Defendant’s main contention is that the trial court erred by sua sponte instructing the jury as to the possible dispositions of defendant upon verdicts of "not guilty by reason of insanity” and "guilty but mentally ill”. In support of his position he relies…