The Court orders that the petition to convene a special panel pursuant to Administrative Order No. 1990-6 is granted and the prior opinion in Docket No. 134343 is vacated.
Unpublished opinion per curiam of the Court of Appeals, decided February 27, 1992.
The question in conflict to be resolved is:
Whether the definition of gross indecency of MCL 750.338; MSA 28.570 is the "common sense of society" definition from
People v Dexter, 6 Mich. App. 247;
148 N.W.2d 915 (1967), or the definition in
People v Lino, 190 Mich. App. 715;
476 N.W.2d 654 (1991), adopted from
People v Howell, 396 Mich. 16;
238 N.W.2d 148 (1976).
See, also,
People v Emmerich, 175 Mich. App. 283;
437 N.W.2d 30 (1989), and
People v Lynch, 179 Mich. App. 63;
445 N.W.2d 803 (1989).
The prosecution may, within 28 days of the date of the Clerk's certification of this order, submit a supplemental brief. Defendant may file a brief in opposition within 28 days after the prosecution serves its brief on defendant. Fourteen copies of the briefs must be filed.