Opinion
363006
03-24-2023
People of Michigan v. Reginald Tyrone Evans
LC No. 93-065835-FC
Michael J. Kelly Presiding Judge, Michael F. Gadola Allie, Greenleaf Maldonado Judges
ORDER
Michael J. Kelly, Presiding Judge.
The motion to waive fees is GRANTED for this case only.
The motion for peremptory reversal pursuant to MCR 7.211(C)(4) is GRANTED for the reason that the circuit court heard oral argument on defendant's motion for relief from judgment, but did not appoint counsel to represent defendant at the hearing, contrary to MCR 6.505(A). See People v Page, 463 Mich. 1008; 627 N.W.2d 598 (2001). On remand, the circuit court shall appoint counsel to represent defendant and it must hear oral argument from appointed counsel and from the prosecutor. The circuit court shall issue a new opinion and order on the motion for relief from judgment after hearing oral argument.
The February 10, 2022 order of the Ingham Circuit Court is VACATED and the cause is REMANDED for further proceedings consistent with this order.
The delayed application for leave to appeal is DISMISSED as moot.
We do not retain jurisdiction.