356052 (Concurring Opinion)

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If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports. STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED November 22, 2022 Plaintiff-Appellee, v No. 356052 Calhoun Circuit Court LC No. 2017-001453-FC JEFFREY RICARDO WIMBERLY, Defendant-Appellant. Before: M. J. KELLY, P.J., and CAMERON and HOOD, JJ. HOOD, J. (concurring.) I agree with the bulk of the analysis and conclusions in the majority opinion. Related to Section I of the majority opinion, I concur in the analysis and conclusions because we are bound by People v Anderson, ___ Mich App ___; ___ NW2d ___ (2022) (Docket No. 354860), app held in abeyance ___ Mich ___; 978 NW2d 835 (2022). I question the correctness of that decision, particularly as it relates to analysis of prejudice and structural errors. /s/ Noah P. Hood -1-

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