PEOPLE OF MI V EDWIN ALEXANDER TRUNICK

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED March 16, 2001 Plaintiff-Appellee, v No. 221253 Oakland Circuit Court LC No. 99-164831-FC EDWIN ALEXANDER TRUNICK, Defendant-Appellant. Before: K. F. Kelly, P.J., and Smolenski and Meter, JJ MEMORANDUM. Defendant appeals by right from his conviction by a jury of first-degree criminal sexual conduct, MCL 750.520b(1)(a); MSA 28.788(2)(1)(a), and second-degree criminal sexual conduct, 750.520c(1)(a); MSA 28.788(3)(1)(a). The trial court sentenced him to two concurrent terms of five to fifteen years’ imprisonment. We affirm. Defendant, a juvenile, was sentenced as an adult under MCL 769.1(1)(j); MSA 28.1072(1)(j). His sole argument on appeal is that this statute conflicts with MCR 6.931, which requires that a juvenile sentencing hearing be conducted to determine whether a juvenile should be sentenced as an adult, and that the court rule prevails. As defendant recognizes, however, this argument was rejected by this Court in People v Conat, 238 Mich App 134, 162-164; 605 NW2d 49 (1999). We are bound to follow Conat under MCR 7.215(H)(1). Moreover, we are not persuaded by defendant’s argument that Conat was wrongly decided. Affirmed. /s/ Kirsten Frank Kelly /s/ Michael R. Smolenski /s/ Patrick M. Meter -1-

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