Opinion
358234
01-25-2022
People of Michigan v. Christopher Dale Castillo
LC No. 2019-002746-FC
Amy Ronayne Krause, Michael F. Gadola Judges
ORDER
Michelle M. Rick Presiding Judge
Pursuant to MCR 7.205(E)(2), in lieu of granting the application for leave to appeal, the Court REMANDS this matter to the trial court to conduct an evidentiary hearing on defendant's motion to temporarily rescind the order to remit prisoner funds. The trial court shall determine whether defendant has overcome the presumption of nonindigency and whether enforcement of the order to remit prisoner funds under MCL 769.1l would work a manifest hardship on him or his immediate family. See People v Jackson, 483 Mich. 271, 295-297; 769 N.W.2d 630 (2009). This Court retains jurisdiction.
The trial court shall hear and decide the matter within 56 days of the date of this order and shall make an appropriate determination on the record. The trial court shall order a transcript of the evidentiary hearing on remand to be prepared at public expense and filed within 21 days after completion of the proceedings.
Defendant shall file a supplemental brief addressing the trial court's determination on remand within 21 days after the date of entry of the trial court's order or the date the transcript is filed, whichever is later. The prosecutor may file a responsive brief.