Opinion
365745
12-14-2023
City of Eastpointe v. Zsazsa Michelle Soward
LC No. 2023-000195-AR
Sima G. Patel Kristina Robinson Garrett Judges
ORDER
KATHLEEN JANSEN PRESIDING JUDGE
The joint motion to remand is GRANTED. This case is REMANDED to the district court to allow defendant to move for resentencing and resentencing if appropriate in district court case no. 23-22-CA. This Court retains jurisdiction. If the motion for resentencing is denied or results in another sentence of incarceration, the sentence shall remain stayed pending resolution of the appeal or further order of the Court in accordance with the Court's prior order of May 17, 2023.
Defendant shall initiate the proceedings on remand within 14 days of the date of this order. The time for further proceedings in this appeal shall begin to run on the issuance of an order in the district court that concludes the remand proceedings. However, if defendant fails to file a motion to initiate the proceedings within the time provided, the time for further proceedings in this appeal shall begin to run at the conclusion of that 14-day period. Defendant shall file with this Court a copy of any motion and supporting brief filed in the district court, and defendant shall file a copy of any order entered within 14 days after entry.
The district court shall hear and decide the matter within 56 days of the date of this order and shall make an appropriate determination on the record. The court shall order a transcript of any hearing on remand to be prepared at public expense and filed within 21 days after completion of the proceedings.
Defendant's brief on appeal is due as provided under MCR 7.211(C)(1)(e) or MCR 7.211(C)(1)(f).