Opinion
364628
05-30-2023
People of Michigan v. Dwight Roberson
LC No. 08-014259-01-FH
Anica Letica Presiding Judge Kirsten Frank Kelly Thomas C. Cameron Judges
ORDER
The motion to waive fees is GRANTED for this case only.
The delayed application for leave to appeal is DENIED because defendant has failed to establish that the trial court erred in denying the successive motion for relief from judgment. The trial court should not have applied People v Cress, 468 Mich. 678; 664 N.W.2d 174 (2003), to an analysis of whether defendant had overcome the procedural threshold for filing a successive motion for relief from judgment pursuant to MCR 6.502(G)(2). See People v Swain, 499 Mich. 920 (2016). However, reversal is unwarranted because the trial court reached the correct result in denying defendant's successive motion for relief from judgment. See People v Powell, 303 Mich.App. 271, 279 n 1; 842 N.W.2d 538 (2013).