People v. Buckey

On July 2, 1982, defendant was convicted by a jury of assault with intent to commit criminal sexual conduct in the second degree, MCL 750.520g(2); MSA 28.788(7)(2). He was sentenced to a term of from three to five years in prison and appeals his conviction as of right. An earlier trial was conducted in February of 1982 and resulted in a mistrial when the jury was unable to agree upon a verdict. In both proceedings, the defendant was charged and tried on the completed offense of criminal sexual conduct in the second degree, MCL 750.520c(l)(f); MSA 28.788(3)(l)(f).

Defendant first argues that he…