People v. Vaughn

Defendant was convicted after a jury trial of one count of criminal sexual conduct in the first degree, MCL 750.520b(l)(c); MSA 28.788(2)(1) (c), and one count of kidnapping, MCL 750.349; MSA 28.581. He subsequently pleaded guilty to being a second-felony habitual offender, MCL 769.10; MSA 28.1082, and was sentenced to concurrent terms of forty to sixty years of imprisonment. Defendant now appeals his convictions and sentence as of right. We reverse.

Defendant was charged with and convicted of committing criminal sexual conduct by sexual pen*613etration under circumstances involving the commission…