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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v BENJAMIN RUSSELL PLATT, Defendant-Appellant.

UNPUBLISHED July 14, 2009

No. 283749 Kalamazoo Circuit Court LC No. 2007-000607-FC

Before: Davis, P.J., and Murphy and Fort Hood, JJ. PER CURIAM. Following a jury trial, defendant Benjamin Russell Platt was convicted of two counts of felony murder, MCL 750.316(1)(b); perjury, MCL 767a.9(1)(b); and first-degree home invasion, MCL 750.110a(2). Defendant was acquitted of one additional count of felony murder, MCL 750.316(1)(b). Defendant was sentenced as a habitual offender, fourth offense, MCL 769.12, to life imprisonment for the two counts of felony murder, 240 months to 30 years' imprisonment for the perjury conviction and 175 months to 30 years' imprisonment for the home invasion conviction. Defendant appeals as of right. We affirm. Defendant argues that the trial court improperly denied his motion to suppress his statement. Both the Fifth Amendment to the United States Constitution and the Michigan Constitution prohibit the government from compelling a defendant to testify against himself. US Const, Am V; Const 1963, art 1,

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