MCL 750.520b(1)(A) Example Case

In People v. Smith, 205 Mich App 69, 71; 517 NW2d 255 (1994), the defendant was charged with four counts of first-degree criminal sexual conduct in violation of MCL 750.520b(1)(a); MSA 28.788(2)(1)(a). The Court found sufficient evidence to convict where the victim, who was under thirteen, testified that the defendant had performed fellatio on him on at least five different occasions. In making this determination, the Court indicated that it did not matter that there was conflicting evidence because there was evidence that the jury could choose to believe that would justify conviction. Smith, supra, 205 Mich App 71.