Opinion
355536
02-01-2023
People of Michigan v. Lamont Bernard Heard
LC No. 1998-163897-FC
Deborah A. Servitto Presiding Judge, Kathleen Jansen, Colleen A. O'Brien Judges
ORDER
Pursuant to the November 2, 2021 order of the Michigan Supreme Court, this remanded matter was held in abeyance pending issuance of the opinion in People v Good __ Mich.App. __; __ N.W.2d __ (No. 349268, January 19, 2023). That opinion having been issued, this Court VACATES the November 10, 2021 order holding this case in abeyance and rules as follows:
The motion to file a supplemental brief is GRANTED and the supplemental brief filed with the motion is accepted.
Upon reconsideration, the delayed application for leave to appeal is GRANTED, limited to whether defendant is entitled to resentencing People v Parks, ___ Mich. ___; ___ N.W.2d ___ (No. 162086, July 28, 2022). The time for taking further steps in this appeal runs from the date of the Clerk's certification of this order. MCR 7.205(E)(3).
In all other respects, the delayed application for leave to appeal is DENIED because defendant has failed to establish that the trial court erred in denying the motion for relief from judgment.