Opinion
364970
06-30-2023
People of Michigan v. D'Sean Hatten
LC No. 13-005046-01-FC
Michael J. Riordan Presiding Judge Anica Letica Noah P. Hood Judges
ORDER
The delayed application for leave to appeal is DENIED because defendant has failed to establish that the trial court committed error warranting reversal by denying the motion for relief from judgment. We are cognizant that the trial court erred to the extent that it held that, because defendant raised certain sentencing issues in a Standard 4 brief on direct review, "any error by appellate counsel in not raising" those same issues was necessarily "cured." See People v Good (On Reconsideration), __ Mich. App__, __; __ N.W.2d __ (2023) (Docket No. 349268); slip op at 4-5. Even so, we conclude that the trial court's error in that respect was harmless because it nevertheless reached the correct ultimate outcome by denying relief from judgment here under MCR 6.508(D)(2) and (D)(3).