On Remand

In an order dated March 29, 1983, the Supreme Court vacated this Court’s order affirming defendant’s conviction and remanded for reconsideration in light of People v Gonzales, 415 Mich 615; 329 NW2d 743 (1982). 417 Mich 937 (1983). In Gonzales, the Court held as follows:

"The process of hypnosis is not a reliable means of accurately restoring forgotten incidents or repressed memory, and to permit posthypnotic testimony would unfairly denigrate the defendant’s right to cross-examination. Therefore, we hold that until hypnosis gains general acceptance in the fields of medicine and psychiatry as a method by which memories are accurately improved without undue danger of distortion, delusion, or fantasy, and until the barriers which hypnosis raises to effective cross-examination are somehow overcome, the testimony of witnesses which has been tainted by hypnosis must be excluded in criminal cases.” 415 Mich 626-627.

The present appeal cannot be distinguished from Gonzales, supra. This is a companion case to Gonzales, which involves not only the same witness, but in fact the very same hypnosis-induced testimony that was found to have improperly contributed to the conviction in Gonzales.

*541 Accordingly, upon reconsideration in light of Gonzales, we conclude that the admission of witness Rhonna Burns’s post-hypnotic testimony could not have been harmless beyond a reasonable doubt. Accord, People v Nixon (On Rem), 125 Mich App 807; 337 NW2d 33 (1983). The conviction is reversed and the matter remanded to the lower court for a new trial.

Reversed and remanded.