People v. DeYampert

Defendant was found to be guilty of assault with intent to commit sexual conduct involving penetration, MCL 750.520g; MSA 28.788(7), but mentally ill after a bench trial. Defendant appeals to this Court as of right.

On appeal defendant attacks the constitutionality of the statute providing for a guilty but mentally ill verdict. Defendant claims the statute is unconstitutional because (1) the definitions of mental illness and legal insanity are overlapping and vague; (2) the evaluation and treatment provisions are illusory; and (3) the distinction made by the statute between guilty but mentally…