People v. Arney

Pursuant to a plea bargain, defendant pled guilty to a reduced charge of assault with intent to commit criminal sexual conduct in the second degree, MCL 750.520(g)(2); MSA 28.788(7)(2). Thereafter sentenced to a term of from 18 months to 5 years in prison, defendant appeals as of right.

Defendant’s conviction arose from defendant’s assault on a 10- or 11-year-old girl in her home. At the time defendant was staying in the home with his girlfriend.

First, defendant claims he is entitled to resentencing where the original presentence report did not include any evaluation of alternatives to prison…