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

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