Opinion
SC: 160499 COA: 348912
04-29-2020
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Marcus DeAngelo SUTTLES, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the September 10, 2019 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the October 8, 2018 order of the Eaton Circuit Court denying the defendant’s motion for relief from judgment, and we REMAND this case to the trial court for reconsideration of the defendant’s motion. The trial court’s stated bases for denying the motion were that the motion was "untimely," and "defendant has been released from prison and/or parole has been terminated, therefore this matter is moot." MCR 6.502 does not contain a deadline by which motions for relief from judgment must be filed. Further, the prosecuting attorney concedes there is not a basis for finding that the defendant’s motion is moot.
We do not retain jurisdiction.