People v. Payne

A jury convicted defendant of one count of first-degree criminal sexual conduct (CSC-I), MCL 750.520b(l)(a) (victim less than 13 years old), for which he was sentenced to 30 to 50 years in prison. Defendant appeals by right, challenging his sentence on two separate grounds. We vacate defendant’s sentence and remand for resentencing consistent with this opinion.

i

Defendant, aged 17V2 years at the time of the offense, was charged with CSC-I arising from the alleged penile-anal penetration of the five-year-old victim on June 3, 2012. Although defendant initially denied the allegations against…