Opinion
362613
01-19-2023
People of Michigan v. Lazaro Linares, Jr
LC No. 20-044200-FH
Jane E. Markey Presiding Judge Mark T. Boonstra Christopher P. Yates Judges
ORDER
Pursuant to MCR 7.205(E)(2), in lieu of granting the delayed application for leave to appeal, the July 21, 2022 order of the Ottawa Circuit Court is VACATED, and the matter is REMANDED for reconsideration of defendant's motion to amend the order of probation. The fact that the modification request came a year and a week after sentencing alone is an insufficient reason to have denied the request where the trial court failed to identify any court rule or statute imposing temporal restrictions on requests for modification, and where the trial court failed to explain how the timing of the modification request undermined defendant's ability to effectively participate in the programming offered by the potential receiving state-certified treatment court or otherwise adversely impacted either the rehabilitative goals set by the trial court or the trial court's ability to guarantee compliance with the terms of the sentence imposed. We note, however, that granting the motion to modify does not guarantee defendant the case transfer he seeks under MCL 600.1088. A transfer under MCL 600.1088 may not be "consummated" until the completion and execution of a memorandum of understanding that comports with the requirements of that provision. This order has immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.