Opinion
SC: 156451 COA: 331181
12-20-2017
PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Aurelio VAZQUEZ, a/k/a Aurelio Vasquez, Defendant-Appellee.
Order
On order of the Court, the application for leave to appeal the July 18, 2017 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REVERSE that part of the judgment of the Court of Appeals that vacated the defendant's convictions and remanded this case to the trial court for further proceedings related to the trial court's denial of the defendant's request for an adjournment. The defendant has not established that he was denied the right to present a viable alibi defense by the trial court's denial of an adjournment. The documents that the defendant has submitted on appeal in support of his alibi defense do not, in fact, establish that defense. Thus, trial counsel was not ineffective in failing to obtain and present those documents at trial. We REINSTATE the December 17, 2015 Judgment of Sentence. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.