Opinion
No. 128115.
November 9, 2005.
Summary Dispositions.
SC: 128115, COA: 256096.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we remand this case to the Wayne Circuit Court with directions to consider and decide defendant's motion for testing of biological material pursuant to MCL 770.16, which was filed with defendant's motion for relief from judgment. While the Wayne Circuit Court ruled upon the latter motion, it failed to rule upon the motion for testing of biological material. We do not retain jurisdiction.