Order Michigan Supreme Court
Lansing, Michigan
December 21, 2007 Clifford W. Taylor,
Chief Justice
Michael F. Cavanagh
133896(78) Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 133896
COA: 265576
Kent CC: 04-006801-FH
VICTOR GLEN CRON,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for reconsideration of this Court’s September
10, 2007 order is considered, and it is GRANTED. We VACATE our order dated
September 10, 2007. On reconsideration, the application for leave to appeal the March
22, 2007 judgment of the Court of Appeals is considered. Pursuant to MCR 7.302(G)(1),
in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals
to the extent it affirms the defendant’s conviction for fourth-degree criminal sexual
conduct, we VACATE the defendant’s conviction and sentence for fourth-degree
criminal sexual conduct, and we REMAND this case to the Kent Circuit Court for
resentencing on the defendant’s remaining conviction. In this case, the jury should not
have been instructed on fourth-degree criminal sexual conduct, because that offense is
not a necessarily included lesser offense of second-degree criminal sexual conduct. See
People v Nyx, 479 Mich 112 (2007). In all other respects, leave to appeal is DENIED,
because we are not persuaded that the remaining questions presented should be reviewed
by this Court.
CORRIGAN, J., would deny the motion for reconsideration.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
December 21, 2007 _________________________________________
d1218 Clerk