Opinion
357323
08-17-2021
People of Michigan v. Brandon Lewis Cain
LC No. 05-012544-01-FC
Kirsten Frank Kelly Presiding Judge Thomas C. Cameron Anica Letica JudgesORDER
The motion to waive fees is GRANTED for this case only.
The motion to "accept pleadings as is" is GRANTED.
Pursuant to MCR 7.205(E)(2), in lieu of granting the application, the trial court's December 23, 2020 order is VACATED, and the matter REMANDED for reconsideration. Defendant filed a motion to reissue the judgment of sentence under MCR 6.428. MCR 6.428 does not contain a jurisdictional limitation, and the authority cited by the trial court, People v Mitchell 454 Mich. 145; 560 N.W.2d 600 (1997), does not indicate that there is any jurisdictional concern that would prohibit the trial court from considering the merits of defendant's motion. On remand, the trial court is directed to consider defendant's motion on the merits.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.