Opinion
364753
06-08-2023
People of Michigan v. Brandon Lewis Cain
LC No. 12-005176-01-FC
Michael J. Riordan Presiding Judge, Christopher M. Murray, Thomas C. Cameron Judges
ORDER
The motion to waive fees is GRANTED for this case only.
The motion for immediate consideration is DENIED.
The motion to "accept defendant's pleadings 'as-is' is GRANTED.
Pursuant to MCR 7.205(E)(2), in lieu of granting the application, the circuit court's January 17, 2023 order is VACATED. Defendant filed a motion for relief from judgment challenging his judgment of sentence entered in Wayne Circuit Court Case No. 12-003375-01-FC. The circuit court addressed that motion, but in an order captioned and entered in Wayne Circuit Case No. 12-005176-01-FC, a separate, albeit related, criminal matter involving defendant. Defendant filed this application from the erroneously captioned January 17, 2023 order. At about the same time as the application was filed, the circuit court apparently discovered its error and sent defendant correspondence directing him to disregard the January 17, 2023 order, and that a new order would be issued with the correct caption and entered in the correct case. The register of actions in Case No. 12-003375-01-FC indicates that an order was entered in that case on January 30, 2023.
The circuit court should not have directed defendant to simply disregard the first order. Rather, the circuit court should have entered an order vacating the January 17, 2023 order, and issued the corrected order, from which defendant could then appeal. But in this application, the only order before this Court is the January 17, 2023 order. This Court thus vacates the January 17, 2023 order. Defendant may seek delayed leave to appeal the corrected, January 30, 2023 order by filing a new application arising from that order, so long as the application is timely filed under the Court Rules. See MCR 7.205(A)(4).
The motion to remand is DENIED in light of this Court's disposition of the application. This order shall have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.