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People of Michigan v. Ihab Masalmani ( 2016 )


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  •                          STATE OF MICHIGAN
    COURT OF APPEALS
    PEOPLE OF THE STATE OF MICHIGAN,                                  FOR PUBLICATION
    September 22, 2016
    Plaintiff-Appellee,
    v                                                                 No. 325662
    Macomb Circuit Court
    IHAB MASALMANI,                                                   LC No. 2009-005244-FC
    Defendant-Appellant.
    Before: BORRELLO, P.J., and MARKEY and RIORDAN, JJ.
    BORRELLO, P.J. (concurring).
    I concur in the result reached by my colleagues solely because I am bound by this
    Court’s flawed reasoning in People v Hyatt, ___ Mich App ___, ___; ___ NW2d ___ (2016). I
    write separately this one time to briefly express my belief that contrary to the flawed analysis
    contained throughout Hyatt and for the reasons set forth in People v Skinner, 
    312 Mich App 15
    ,
    20; 877 NW2d 482 (2015), defendant possesses a Sixth Amendment right to choose whether he
    will be sentenced by a judge or a jury. However, recognizing that I am bound by Hyatt, I
    therefore must concur with the decision reached by my colleagues in this matter.
    /s/ Stephen L. Borrello
    -1-
    

Document Info

Docket Number: 325662

Filed Date: 9/22/2016

Precedential Status: Non-Precedential

Modified Date: 4/17/2021