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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v TYLER JAMES HATTEN, Defendant-Appellant.

UNPUBLISHED April 1, 2010

No. 290902 Clinton Circuit Court LC No. 2007-008231-FH

Before: K. F. Kelly, P. J., and Hoekstra and Whitbeck, JJ. PER CURIAM. Defendant was charged with first-degree criminal sexual conduct (CSC I), MCL 750.520b(1)(c) (commission of a felony) and delivery of a controlled substance (psilocybin) to a minor, MCL 333.7410(1); MCL 333.7401(2)(b). Pursuant to a plea agreement, defendant pleaded guilty to delivery of a controlled substance and the CSC I charge was dismissed. He was sentenced to a term of 12 months in jail with five years' probation, and was required to register as a sex offender under the Sex Offender Registry Act, (SORA), MCL 28.721 et. seq. Defendant appeals by leave granted challenging the requirement that he register as a sex offender. We vacate that portion of the judgment of sentence. This appeal has been decided without oral argument pursuant to MCR 7.214(E). I. BASIC FACTS AND PROCEDURAL BACKGROUND The events leading to the charges being lodged against defendant occurred on June 17, 2007. Defendant and the victim were present at a party in Maple Rapids and defendant gave the victim psilocybin mushrooms. According to the information, the CSC I charge was based upon the allegation that defendant sexually penetrated the victim "under circumstances involving the commission of another felony, to-wit: Delivery of a Controlled Substance to a Minor."

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At defendant's plea hearing, he admitted that he gave psilocybin mushrooms to the victim when he was 20 years old and she was 16 years old1. No information was solicited or offered regarding the CSC I charge. Pursuant to the plea agreement, the CSC I charge was dismissed. According to the defendant's description of the offense in the presentence investigation report (PSIR): I had 3

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