People v. Strong

Following the trial court’s vacation of defendant’s plea of guilty of assault with intent to commit second-degree criminal sexual conduct, MCL 750.520g(2); MSA 28.788(7)(2), defendant was tried and convicted by a jury of one count of second-degree criminal sexual conduct, MCL 750.520c(l)(b); MSA 28.788(3)(l)(b). Defendant later pleaded guilty of being an habitual offender, third offense, MCL 769.11; MSA 28.1083, and was sentenced to three to thirty years’ imprisonment. Defendant now appeals as of right. We reverse and remand. We hold that pursuant to MCR 6.310(B) the trial court may not…