Opinion
SC: 161577 COA: 353503
10-27-2020
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Derrick Lee SMITH, Defendant-Appellant.
Order
On order of the Court, the motions to hold application in abeyance and stay proceedings are DENIED. The application for leave to appeal the May 12, 2020 order of the Court of Appeals is 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 reconsideration of whether the defendant's delayed application for leave to appeal was subject to dismissal as untimely filed pursuant to MCR 7.205(G). We note that the defendant claimed in his delayed application for leave to appeal that he was appealing the May 2, 2019 judgment of sentence and the trial court's November 13, 2019 order denying his motion(s) to withdraw his plea.
We do not retain jurisdiction.