PEOPLE OF MI V KENDALL DOUGLAS KELLY

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V KENDALL DOUGLAS KELLY
Docket No. 378827
LC No. 15-001876-01-FC
Brock A. Swartzle
Presiding Judge
Thomas C. Cameron
Christopher M. Trebilcock
Judges
The application for leave to appeal is DENIED for lack of merit in the grounds presented.
“This Court will not reverse when a lower court reaches the right result for the wrong reason.” See People
v Hawkins, 340 Mich App 155, 195; 985 NW2d 853 (2022). Even assuming, arguendo, that defendant is
correct that the trial court should have applied former MCR 6.428 in evaluating the disputed motion,
defendant failed to make the requisite showing to obtain relief under that version of the rule, as well. See
People v Tardy, 348 Mich App 500, 510-513; 19 NW3d 164 (2023) (holding that, to prevail under former
MCR 6.428, a defendant was required to “demonstrate that an error by the defendant’s prior attorney or
the court, or any other factor outside the defendant’s control, caused the ultimate denial of appellate
review”) (quotation marks and citation omitted; emphasis added).
_______________________________
Presiding Judge

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