Opinion
SC: 159915 COA: 342546
11-22-2019
PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Michael Roy PARKMALLORY, Defendant-Appellee.
Order
On order of the Court, the application for leave to appeal the May 16, 2019 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals, and we REMAND this case to the Saginaw Circuit Court for an evidentiary hearing pursuant to People v. Ginther , 390 Mich. 436, 212 N.W.2d 922 (1973). The record, as expanded by the Court of Appeals, demonstrates that there is an issue of fact whether the defendant would have been able to show, as to his 2009 felony conviction, that he had "paid all fines imposed for the violation," MCL 750.224f(1)(a), or that he "successfully completed all conditions of probation or parole imposed for the violation," MCL 750.224f(1)(c), due to the May 20, 2011 bench warrant for his "failure to pay the balance of his Court Assessments," including probation supervision fees. It was premature for the Court of Appeals to reverse the defendant’s convictions when it is possible that the defendant was unable to demonstrate fulfillment of MCL 750.224f(1).
We do not retain jurisdiction.