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PEOPLE OF MI V BARRY BUSTER BOWEN
State: Michigan
Court: Court of Appeals
Docket No: 185415
Case Date: 10/11/1996
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C O U R T O F A P P E A L S


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v BARRY BUSTER BOWEN, Defendant-Appellant.

UNPUBLISHED October 11, 1996

Nos. 185415; 189441 LC No. 94-6024-FC

Before: Murphy, P.J., and O'Connell and M.J. Matuzak,* JJ. PER CURIAM. Defendant pleaded guilty to third-degree criminal sexual conduct, MCL 750.520d; MSA 28.788(4), and was sentenced to six to fifteen years' imprisonment. Defendant appeals as of right. The only question presented on appeal is whether the trial court erroneously concluded that defendant is not an "Indian" for the purposes of 18 USC 1153. We conclude that the court did err and, therefore, that the State of Michigan lacked jurisdiction to prosecute defendant for the instant sexual assault. We review jurisdictional rulings de novo. Jeffrey v Rapid American Corp, 448 Mich 178, 184; 529 NW2d 644 (1995). Defendant argues that the jurisdiction to prosecute him for the instant sexual assault lies exclusively with the federal government, pursuant to 18 USC 1153, which provided at the time of the commission of the offense as follows: (a) Any Indian who commits against the person or property of another Indian or other person any of the following offenses, namely, murder, manslaughter, kidnapping, maiming, a felony under chapter 109A [18 USCS
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