People v. Pettway

Defendant, Kelly Dalton Pettway, was convicted by a jury of first-degree criminal sexual conduct in violation of MCL 750.520b(l)(c); MSA 28.788(2)(l)(c). After sentence to not less than 5 years nor more than 15 years in prison, defendant appeals as of right.

The information filed against defendant charged him with sexual penetration with another person under circumstances involving the commission of another felony. The evidence indicated, and the trial judge instructed the jury, that the other felony was breaking and entering an occupied dwelling with intent to commit criminal sexual conduct,…