People v. Zajaczkowski

We granted defendant’s delayed applica*372tion for leave to appeal his conviction following a guilty plea of first-degree criminal sexual conduct, MCL 750.520b(l)(b)(ii). Defendant entered his plea on the condition that he be permitted to appeal whether the undisputed facts here establish that he may only be found guilty of third-degree criminal sexual conduct, MCL 750.520d(l)(a).

Defendant was born on January 19, 1977, during the marriage of Walter and Karen Zajaczkowski. Walter and Karen divorced in 1979. The April 3, 1979, judgment of divorce awarded custody of defendant to Karen and visitation…