Opinion
364530
04-22-2024
PEOPLE OF MICHIGAN v. CARLOS DWAN KING
LC No. 91-008200-02-FC
Anica Letica, Presiding Judge, Kirsten Frank Kelly, Thomas C. Cameron, Judges
ORDER
Our Supreme Court remanded this matter to this Court and directed that this Court hold the delayed application in abeyance pending resolution of People v Motten, COA Docket No. 363044, and that following the decision in Motten, this Court then "decide whether to grant, deny, or order other relief, in accordance with MCR 7.205(E)(2)." People v King, 995 N.W.2d 318 (Mich, 2023). This Court entered an order on October 5, 2023, holding the delayed application in abeyance as directed. People v King, unpublished order of the Court of Appeals, entered October 5, 2023 (Docket No. 364530).
This Court having now decided Motten, see People v Motten, Mich.App.; NW3d (2024) (Docket No. 363044); slip op at 1 (holding that People v Beck, 504 Mich. 605; 939 N.W.2d 212 (2019), "is not retroactive on collateral review[]"), the delayed application for leave to appeal is DENIED because defendant has failed to establish that the trial court erred in denying the motion for relief from judgment.