Opinion
358338
01-26-2022
People of Michigan v. Timothy Terrel Jones
LC Nos. 17-008365-01-FH; 17-008367-01-FH
Cynthia Diane Stephens Presiding Judge Kirsten Frank Kelly Michael J. Riordan Judges
ORDER
The motion to waive fees is GRANTED for this case only.
Pursuant to MCR 7.205(E)(2), in lieu of granting the delayed application, the trial court's April 27, 2021 opinion and order is VACATED IN PART, and the matter is REMANDED for further proceedings consistent with this order. With respect to Case No. 17-008367-01-FH, defendant's judgment of sentence does not reflect 246 days' jail credit, as was stated on the record during defendant's sentencing in that case. On remand, the trial court shall correct defendant's judgment of sentence in Case No. 17-008367-01-FH to reflect 246 days' jail credit. The trial court also incorrectly stated in its opinion that defendant was present during his trial in Case No. 17-008367-01-FH. The record clearly demonstrates that defendant voluntarily left the courtroom during voir dire and did not return, and instead listened to the proceedings remotely. But defendant is not entitled to relief with respect to this issue because he has failed to demonstrate that his absence from the courtroom caused any prejudice, that he is actually innocent, or that the unpreserved error seriously affected the fairness, integrity, or public reputation of judicial proceedings. See People v Buie, 298 Mich.App. 50, 56-60; 825 N.W.2d 361 (2012). Defendant's remaining claims are without merit. Thus, other than with respect to the jail-credit issue, the delayed application for leave to appeal is DENIED because defendant has failed to demonstrate that the trial court erred in denying the motion for relief from judgment.
The motions for appointment of counsel and to remand are DENIED.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.