People v. Boucher

Defendant appeals as of right from his plea-based conviction of criminal sexual conduct in the third degree. MCL 750.520d(l)(a); MSA 28.788(4)(l)(a). Defendant was originally charged with first-degree esc, MCL 750.520b(l)(a); MSA 28.788(2)(l)(a), and third-degree esc. Pursuant to a plea agreement defendant pled guilty to third-degree esc and the first-degree esc count was dismissed. On June 6, 1986, defendant was sentenced to seven to fifteen years imprisonment. Defendant filed a motion to withdraw his plea and for resentencing. A new sentencing report was prepared and defendant was…