Opinion
No. 125670.
November 29, 2004.
SC: 125670, COA: 248852.
Leave to Appeal Denied.
The defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).
KELLY, J. I would vacate the Wayne Circuit Court's orders of February 6, 2003, and April 7, 2003, denying the defendant's motion for resentencing pursuant to MCR 6.508(D)(2) and defendant's motion for reconsideration, and would remand the case to the Wayne Circuit Court for reconsideration of the defendant's motion as one seeking relief from judgment in the form of resentencing. The trial judge's opinion denying the motion mistakenly identified as the issues raised those that the defendant had raised in his appeal of right. Thus, the court did not deal with the issues that were in fact presented in the motion seeking relief from judgment in the form of resentencing.