People v. Nickens

Defendant was charged with criminal sexual conduct in the first degree (CSC-l) involving personal injury and the use of force or coercion to accomplish sexual penetration, MCL 750.520b(l)(f). Over defendant’s objections, the trial court additionally instructed the jury on assault with intent to commit CSC involving sexual penetration, MCL 750.520g(l). The jury acquitted defendant of the CSC-I charge, but found him guilty of assault with intent to commit CSC.

We granted leave to appeal to consider whether assault with intent to commit CSC involving sexual penetration, MCL 750.520g(l), is…