PEOPLE v. MITCHELL

Docket No. 62488.

131 Mich. App. 69 (1983)

345 N.W.2d 611

PEOPLE v. MITCHELL

Michigan Court of Appeals.

Decided October 27, 1983.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Conrad J. Sindt, Prosecuting Attorney, and Richard M.C. Adams, Assistant Prosecuting Attorney, for the people.

State Appellate Defender (by R. Steven Whalen), for defendant.

Before: R.B. BURNS, P.J., and MacKENZIE and J.L. BANKS, JJ.


PER CURIAM.

Defendant appeals as of right from his conviction by a jury of two counts of first-degree criminal sexual conduct. MCL 750.520b(1)(f); MSA 28.788(2)(1)(f). Defendant was found guilty but mentally ill as to both counts. MCL 768.36; MSA 28.1059. We find that both of defendant's convictions must be reversed because of instructional error and prosecutorial misconduct.

Defendant made no objection at the trial to the court's instructions, and thus appellate...

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