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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v CHAD DWAINE CUMMINGS, Defendant-Appellant.

UNPUBLISHED May 14, 2009

No. 281545 Berrien Circuit Court LC No. 2006-406086-FC

Before: K. F. Kelly, P.J., and Cavanagh and Beckering, JJ. PER CURIAM. This case involves defendant's sexual contact with the daughter of his former girlfriend between December 2004 and May 2005, when defendant was 32 years old and the victim was 12 and 13 years old. After a jury trial, defendant was convicted of four counts of first-degree criminal sexual conduct (CSC I), MCL 750.520b(1)(a) and (1)(b)(i),1 and one count of thirddegree criminal sexual conduct (CSC III), MCL 750.520d(1)(a). He was sentenced as a fourth habitual offender, MCL 769.12, to concurrent prison terms of 360 to 750 months for each CSC I conviction and 290 to 750 months for the CSC III conviction. He appeals and we affirm. I. Sufficiency of the Evidence Defendant first argues that the evidence was insufficient to support his convictions beyond a reasonable doubt. We cannot agree. We review sufficiency of the evidence claims de novo. People v McGhee, 268 Mich App 600, 622; 709 NW2d 595 (2005). In doing so, we view the evidence in the light most favorable to the prosecution and determine whether a rational trier of fact could find that the essential elements of the crime were proven beyond a reasonable doubt. People v Tombs, 472 Mich 446, 459; 697 NW2d 494 (2005). The prosecution charged defendant with two types of CSC I, which required the prosecutor to prove beyond a reasonable doubt that defendant engaged in sexual penetration of the victim and that the victim was under 13 years of age, see In re Hawley, 238 Mich App 509, 511; 606 NW2d 50 (1999); MCL

Defendant was convicted of two counts under

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