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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v SCOTT BRADY COLE, Defendant-Appellant.

UNPUBLISHED November 24, 2009

No. 286408 Kent Circuit Court LC No. 07-009532-FH

Before: Meter, P.J., and Murphy, C.J., and Zahra, J. PER CURIAM. A jury convicted defendant of first-degree home invasion, MCL 750.110a(2). Defendant was sentenced as an habitual offender, fourth offense, MCL 769.12, to 20 to 40 years' imprisonment. He appeals as of right. We affirm. Defendant first argues that the lower courts made certain errors regarding his waiver of trial counsel. Because this issue was not preserved, our review is limited to plain error affecting defendant's substantial rights. People v Carines, 460 Mich 750, 764-765, 774; 597 NW2d 130 (1999). A criminal defendant's right to represent himself or herself is implicitly guaranteed by the United States Constitution, US Const, Am VI, and explicitly guaranteed by our state constitution and by statute. Const 1963, art 1,

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