Opinion
367705
04-15-2024
PEOPLE OF MICHIGAN v. JOSEPH HERBERT BAKER
LC No. 19-006841-01-FC
Mark T. Boonstra Presiding Judge Jane E. Markey Stephen L. Borrello Judges
ORDER
The motion to remand is GRANTED. To conclusively settle the question of the trial court's jurisdiction to decide defendant's motion for reconsideration, which remained pending and undecided when the claim of appeal was filed, the matter is REMANDED for re-entry of the order denying defendant's motion for reconsideration of the order denying his motion for judgment of acquittal. Defendant shall promptly secure the re-entry of the order and the proceedings on appeal shall resume when the order is re-entered. Defendant's brief on appeal shall be considered timely if it is filed within 21 days after the date the order is re-entered.
The motion to determine jurisdiction is DISMISSED as unnecessary in light of the remand.