People v. Hutner

Defendant appeals as of right from his bench conviction of first-degree felony murder, MCL 750.316; MSA 28.548, for which he was sentenced to life in prison without parole. We vacate the conviction of first-degree murder and remand for entry of a conviction of second-degree murder and sentencing for that offense.

Defendant’s conviction arose out of the murder of a woman and the subsequent sexual penetration of her corpse in Detroit. According to the statement defendant gave to the police, the incident occurred as follows: in the early morning hours of August 9, 1992, defendant, who had no…