Opinion
359330
04-14-2022
People of Michigan v. Marcus Ronnell Croff
LC No. 17-009474-01-FC
Anica Letica, Noah P. Hood Judges
ORDER
Michael J. Riordan Presiding Judge
The motion to waive fees is GRANTED for this case only.
Pursuant to MCR 7.205(E)(2), in lieu of granting leave to appeal, the Wayne Circuit Court's September 3, 2021 order is PEREMPTORILY VACATED and this matter is REMANDED to that court for further proceedings consistent with this order. Under MCR 6.502(D), the circuit court erred by affording defendant only 14 days to withdraw his disputed motion before recharacterizing it as a motion for relief from judgment, and the circuit court further erred by failing to afford defendant the option to amend the disputed motion rather than withdrawing it. On remand, the circuit court shall promptly serve defendant with a notice containing all of the information required under MCR 6.502(D), and the court shall afford him 90 days from the date of such service to either "withdraw or amend" the disputed motion before the court may recharacterize it as one seeking relief from judgment under MCR subchapter 6.500.
This order is to have immediate effect. MCR 7.215 (F)(2). We do not retain jurisdiction.