People v. McCurtis

A jury found defendant not guilty of robbery armed, MCL 750.529; MSA 28.797, but guilty of criminal sexual conduct in the first degree, MCL 750.520b(1)(c); MSA 28.788(2)(1)(c). He appeals, arguing the verdicts are inconsistent. We agree.

The amended information in this case charged *462that defendant "did engage in sexual penetration, to wit: sexual intercourse, with the Complainant and the sexual penetration occurred under circumstances involving the commission of another felony, to wit: Robbery Armed”. The jury was instructed that an element of criminal sexual conduct in the first degree was the…