Opinion
SC: 160144 COA: 347624
02-04-2020
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Herman Lewis CHEESE, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the June 19, 2019 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court. We note that relief is not prohibited by MCR 6.502(G) because this appeal does not involve the denial of a motion for relief from judgment. Rather, this appeal involves only the defendant’s motion to vacate the attorney fees assessed after the end of his direct appeal in an order separate from the judgment of sentence. The trial court properly denied this motion as previously litigated and lacking in merit. This Court’s decision in People v. Comer , 500 Mich. 278, 901 N.W.2d 553 (2017), is inapplicable because the trial court imposed the assessment without amending the judgment of sentence.