Opinion
368579
03-11-2024
PEOPLE OF MICHIGAN v. HENRY GEORGE BROWN
LC No. 10-008214-01-FC
Kathleen A. Feeney Presiding Judge Kathleen Jansen Michael J. Riordan Judges.
ORDER
Kathleen A. Feeney Presiding Judge.
The motion to waive fees is GRANTED for this case only.
Pursuant to MCR 7.205(E)(2), in lieu of granting the delayed application for leave to appeal, we VACATE the Wayne Circuit Court's August 8, 2023 order and REMAND this matter to that court for further proceedings consistent with this order. The trial court erred by applying MCR 6.429-which is only applicable on direct appellate review-when analyzing a motion for relief from judgment pursued under MCR subchapter 6.500. See MCR 6.429(B)(4); MCR 6.501; People v Kimble, 470 Mich. 305, 313; 684 N.W.2d 669 (2004) ("under this court rule [i.e., MCR 6.429(C)], a scoring error is not appealable unless it was raised at or before sentencing, regardless of whether the resulting sentence is inside or outside the appropriate guidelines sentence range, except by way of a motion for relief from judgment under subchapter 6.500") (emphasis added). On remand, the trial court should reconsider this matter exclusively under the applicable court rules, as set forth in MCR subchapter 6.500.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.