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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v TERRANCE EUGENE DAWSON, Defendant-Appellant.

UNPUBLISHED June 28, 2012

No. 302650 Berrien Circuit Court LC Nos. 2010-003429-FC; 2010-003430-FC; 2010-003431-FC; 2010-003358-FC; 2010-003359-FC

Before: M.J. KELLY, P.J., and WILDER and SHAPIRO, JJ. PER CURIAM. The prosecution charged defendant in five separate cases involving defendant's alleged abduction at gunpoint of five separate victims during the summer of 2010. After granting defendant's motion to waive his right to a jury trial, the trial court held a single bench trial. The trial court convicted defendant of five counts of kidnapping, MCL 750.349, five counts of possession of a firearm by a felon, MCL 750.224f, and five counts of felony-firearm, MCL 750.227b. Additionally, defendant was convicted of two counts of first-degree criminal sexual conduct, MCL 750.520b (case nos. 2010-003430-FC and 2010-003358-FC); two counts of felonious assault, MCL 750.82 (case nos. 2010-003431-FC and 2010-003359-FC); and one count of assault with intent to commit murder, MCL 750.83 (case no. 2010-003429-FC). Defendant appeals as of right all of his convictions. We affirm. I. JURY WAIVER Defendant first argues that he did not knowingly, intelligently, and voluntarily waive his right to a jury and, thus, the following bench trial violated the Sixth Amendment. We disagree. This issue is unpreserved because defendant did not raise the issue before the trial court. See People v Antkoviak, 242 Mich App 424, 430; 619 NW2d 18 (2000). Unpreserved constitutional issues are reviewed for plain error affecting substantial rights. People v Carines, 460 Mich 750, 764; 597 NW2d 130 (1999). "Both the federal and state constitutions guarantee a defendant the right to a jury trial." People v Mosly, 259 Mich App 90, 95; 672 NW2d 897 (2003). "However, with the consent of the prosecutor and the approval of the trial court, a defendant may waive his right to a jury trial. -1-

In order for a jury trial waiver to be valid, however, it must be both knowingly and voluntarily made." People v Cook, 285 Mich App 420, 422; 776 NW2d 164 (2009) (citations omitted). In Michigan, the procedure by which a defendant waives his right to a jury trial is governed by MCR 6.402(B). Mosly, 259 Mich App at 95. MCR 6.402(B) provides the following: Before accepting a waiver, the court must advise the defendant in open court of the constitutional right to trial by jury. The court must also ascertain, by addressing the defendant personally, that the defendant understands the right and that the defendant voluntarily chooses to give up that right and to be tried by the court. A verbatim record must be made of the waiver proceeding. In this case, at the hearing on defendant's motion to waive his right to a jury trial, defendant informed the court that he wished to waive his right to a jury trial: The Court: [S]o, if we can go ahead and give [the jury trial waiver form] to [defendant], and take a few moments and go through that. All right, [defendant], sir, you've had the opportunity to discuss this matter with your attorney . . . at length

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