Ludington man sentenced in CSC case.
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By Allison Scarbrough. Editor.
LUDINGTON — A 26-year-old Ludington man was sentenced to serve four months up front of a one-year discretionary jail term for a conviction of fourth-degree criminal sexual conduct (CSC) Tuesday, Jan. 17, in 51st Circuit Court.
Michael Frank Battice, of 905 S. Madison Ave., pleaded “no contest” last month to the high-court misdemeanor.
Battice was set to go to trial last month, facing two felony counts of third-degree CSC, each of which are punishable by up to 15 years in prison. Battice accepted a plea agreement instead of going to trial.
The two felony counts were dismissed in exchange for Battice’s plea to fourth-degree CSC. He will have to register as a tier-one sex offender, Judge Susan K. Sniegowski said.
The charge stems from a March 7 incident at a residence on Sherman Oaks Drive, said Sniegowski. The 21-year-old female victim had fallen asleep, and when she woke up, she discovered someone was sexually assaulting her. Initially, the victim thought it was her boyfriend until she pulled up the blankets and realized it was Battice.
The maximum sentence for fourth-degree CSC is two years in prison, Spaniola said.
“The plea agreement was discussed extensively with the victim, and it met with her approval,” Spaniola said.
Battice was going to read a prepared statement during his sentencing, but then he crumpled up the paper and said he had nothing to say.
Battice had no previous criminal record, said Sniegowski, who also ordered five years probation. He received credit for 113 days served in jail, which fulfills the four months up-front condition of his sentence.
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