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PEOPLE v. HUYSER

Docket No. 184611.

561 N.W.2d 481 (1997)

221 Mich. App. 293

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Wesley Charles HUYSER, Defendant-Appellant.

Court of Appeals of Michigan.

Decided January 28, 1997, at 9:20 a.m.

Released for Publication April 9, 1997.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Frederick Anderson, Prosecuting Attorney, and Yvonne G. Dzialowski, Assistant Prosecuting Attorney, for People.

Andrew J. Marks, Allegan, and Jane A. Vandervelde, Holland, for defendant-appellant.

Before MICHAEL J. KELLY, P.J., and O'CONNELL and K.W. SCHMIDT, JJ.

PER CURIAM.

Defendant appeals as of right his conviction by jury of second-degree criminal sexual conduct. M.C.L. § 750.520c(1)(a); M.S.A. § 28.788(3)(1)(a). We reverse.

Defendant moved into the home of Heidi Phillips in 1988 and remained there for approximately one and one-half years as Phillips' live-in boyfriend. Phillips' five-year-old daughter also lived with the couple. Approximately three years after defendant moved out of Phillips' home,...

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