Opinion
No. 106228.
November 22, 1996.
Leave to Appeal Denied November 22, 1996:
Application for leave to appeal as cross-appellant also is considered and, in lieu of granting leave to appeal, the judgment of the Court of Appeals is reversed to the extent it reversed one first-degree criminal sexual conduct conviction. The record is insufficient to allow determination of the allegation of ineffective assistance of counsel. People v Ginther, 390 Mich. 436, 442-443 (1973). Testimony at the preliminary examination and testimony at trial do not support the conclusion of the Court of Appeals that the offense occurred only in 1981. A statute of limitations defense would not necessarily succeed in light of testimony that the conduct began in December 1981, and occurred thirty times thereafter. MCR 7.302(F)(1).
Court of Appeals No. 158301.
We would grant or deny leave to appeal, but would not dispose of the case by peremptory order.