Opinion
SC 166415 COA 367287
07-02-2024
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. CHRISTOPHER AARON MAKI, Defendant-Appellant.
Iron CC: 23-006577-AR
Elizabeth T. Clement, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Megan K. Cavanagh Elizabeth M. Welch Kyra H. Bolden, Justices
ORDER
By order of March 29, 2024, the plaintiff-appellee was directed to answer the application for leave to appeal the October 5, 2023 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 and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for plenary consideration. The Court of Appeals dismissed the defendant's application for leave to appeal on the basis that he did not appeal in the circuit court. However, as the prosecution concedes, the defendant did, in fact, seek leave to appeal in the circuit court. The Court of Appeals had jurisdiction to consider the appeal. MCR 7.203(B)(2).
We note that the Court of Appeals has granted the codefendant's related application for leave to appeal in COA Docket No. 367493.
We do not retain jurisdiction.