Opinion
372306
10-17-2024
PEOPLE OF MICHIGAN v. JESSICA NICOLE SMITH
LC No. 2021-005447-FH
Kathleen Jansen Presiding Judge Michael F. Gadola Adrienne N. Young Judges
ORDER
Kathleen Jansen Presiding Judge
Pursuant to MCR 7.205(E)(2), in lieu of granting the application for leave to appeal, the Court VACATES the December 12, 2023 order that extended defendant's probation. It also VACATES defendant's conviction for probation violations and her prison sentence of 28 to 180 months' imprisonment for her possession of methamphetamine conviction. Defendant's two-year probationary term terminated on September 17, 2023, and defendant was discharged from probation. People v Vanderpool, 505 Mich. 391, 399, 402-403; 952 N.W.2d 414(2020). In December 2023, when presented with the probation officer's request to extend defendant's probation for a year, because defendant's probationary term had already terminated, the trial court lacked authority to extend the term. Id. at 399-400. Additionally, because defendant's probationary term terminated several months before the probation officer sought a warrant to arrest defendant for probation violations, the trial court lacked jurisdiction to convict defendant of probation violations and to revoke defendant's probation and sentence her to prison. People v Glass, 288 Mich.App. 399, 408; 794 N.W.2d 49 (2010).
This order is to have immediate effect. MCR 7.215(F)(2).