PEOPLE OF MI V DIMARCO EUGENE SMITH

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V DIMARCO EUGENE SMITH
Docket No. 377557
LC No. 2022-246746-FC
Allie Greenleaf Maldonado
Presiding Judge
Matthew S. Ackerman
Christopher M. Trebilcock
Judges
Pursuant to MCR 7.205(E)(2), in lieu of granting the delayed application for leave to appeal,
we VACATE the trial court’s August 28, 2025 order and REMAND this matter to that court for further
proceedings consistent with this order. Because defendant was acting pro se and this would have been his
first motion for relief from judgment, the trial court erred by recharacterizing the subject motion as a motion
for relief from judgment under MCR subchapter 6.500 without first following the procedure set forth under
MCR 6.502(D). On remand, the circuit court shall serve defendant with a notice containing all of the
information required under MCR 6.502(D), and the court shall afford him 90 days from the date of such
service to either “withdraw or amend” the disputed motion before the court may recharacterize it as one
seeking relief under MCR subchapter 6.500 and adjudicate it as such.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.
_______________________________
Presiding Judge

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