PEOPLE OF MI V DEREK ALEXANDER ORTIZ

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V DEREK ALEXANDER ORTIZ
Docket No. 375728
LC No. 2024-009578-FH
Michael F. Gadola, Chief Judge, acting under MCR 7.211(E)(2), orders:
On the Court’s own motion, in light of the lack of response to the State Appellate Defender
Office’s efforts to contact defendant, as discussed in the trial court motion to vacate order of appointment,
this appeal is DISMISSED pursuant to MCR 7.216(A)(7).
The final judgment of dismissal is STAYED for a period of 28 days within which period
appellant may file a written communication with this Court. The communication shall be treated by the
Court as a motion for reconsideration.
Appellate defense counsel is advised that the trial court does not have authority to dismiss
an appeal after it is filed in this Court. Accordingly, in circumstances where appointed appellate defense
counsel receives no response to diligent efforts to contact the defendant and an appeal is pending in this
Court, it would be preferable for counsel to file a motion for guidance in this Court rather than a motion
to vacate order of appointment in the trial court. Also, counsel is obligated to serve a copy of this order
on defendant at his last known address per MCR 7.215(E)(2).
December 5, 2025

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