People v. Johnson, 82467
| Decision Date | 14 July 1989 |
| Docket Number | No. 82467,82467 |
| Citation | 442 N.W.2d 625,432 Mich. 931 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Bruce Lee JOHNSON, Defendant-Appellant. & (36). 432 Mich. 931, 442 N.W.2d 625 |
| Court | Michigan Supreme Court |
The defendant filed a letter request for review of his conviction under MCR 7.303, to determine whether leave to appeal or other relief should be granted by this Court, and this Court ordered the prosecutor to show cause why the defendant's conviction ought not to be reversed. The Court of Appeals decision, the Court of Appeals briefs and records, the trial court record, the prosecutor's response to this Court's September 19, 1988 order to show cause, and the defendant's reply thereto have been considered. On order of the Court, the letter request is treated as an application for leave to appeal, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the judgments of the Court of Appeals and of the Bay Circuit Court and thus defendant's conviction of criminal sexual conduct in the third degree for the reasons stated by Judge Kelly in his dissent in the Court of Appeals. 164 Mich.App. 634 at 646-649, 418 N.W.2d 117 (1987). We REMAND the case to the Bay Circuit Court for further proceedings.
We do not retain jurisdiction.
BOYLE, J., would grant leave to appeal.
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