Opinion
SC 164105 COA 359863
11-30-2022
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. ALEX DEWAYNE JOHNSON, Defendant-Appellant.
Genesee CC: 18-044008-FH 18-044009-FH
Elizabeth T. Clement, Chief Justice Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch, Justices
ORDER
By order of September 6, 2022, the prosecuting attorney was directed to answer the application for leave to appeal the February 11, 2022 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Genesee Circuit Court for an evidentiary hearing on whether the record in this case, together with the records in 67th District Court Docket No. 20T01521 and Genesee Circuit Court Docket No. 21-047577-FH, along with any other evidence the parties may present, establishes that the defendant was incompetent at the time of his probation violation hearing and sentencing in this case. People v Lucas, 393 Mich. 522, 529 (1975) (post-conviction claims of incompetency should be reviewed following an evidentiary hearing in the trial court). In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.
We do not retain jurisdiction.