People v. Kelley

Holbrook, Jr., P.J.

After a jury trial, defendant was convicted of two counts of child torture, MCL 750.136a; MSA 28.331(1). A trial on the supplemental information was thereafter conducted and the jury returned a verdict of guilty as a fourth-felony offender, MCL 769.12; MSA 28.1084. Defendant was sentenced to prison terms of thirty to sixty years on each count. We reverse and remand for a new trial.

At trial, Tina Partridge testified that she accompanied defendant and defendant’s two children to a wooded area where defendant consumed three pints of whiskey over a 3- to 3ti-hour duration and…