People v. Lino

Following a jury trial, defendant was convicted of gross indecency, MCL 750.338; MSA 28.570. He thereafter pleaded guilty of being an habitual offender, second offense, MCL 769.10; MSA 28.1082, and was sentenced to one year in the county jail. Defendant appeals as of right. We reverse.

i

On August 23, 1988, Officer Bruce Ferguson and other officers of the Lansing Police Department were investigating complaints of prostitution. Officer Ferguson observed defendant walking along the street waving at cars driving by. He then observed defendant get into a cream-colored pickup truck. At approximately…