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PEOPLE v. NICKENS

Docket No. 123992, Calendar No. 2.

685 N.W.2d 657 (2004)

470 Mich. 622

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Dennis L. NICKENS, Defendant-Appellee.

Supreme Court of Michigan.

Decided July 20, 2004.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Kym L. Worthy, Prosecuting Attorney, and Timothy A. Baughman, Chief of Research, Training, and Appeals, Detroit, for the people.

Cyril C. Pessina, Harper Woods, for the defendant.

Opinion

MICHAEL F. CAVANAGH, J.

Defendant was charged with criminal sexual conduct in the first degree (CSC-I) involving personal injury and the use of force or coercion to accomplish sexual penetration, MCL 750.520b(1)(f). Over defendant's objections, the trial court additionally instructed the jury on assault with intent to commit CSC involving sexual penetration, MCL 750.520g(1). The jury acquitted defendant...

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