In People v Muhammad, __ Mich __ (#150119,
10/30/2015) the Supreme Court in lieu of granting leave to appeal, vacated the
Court of Appeals judgment and remanded the case back to the Court of Appeals
for reconsideration. The Court of Appeals erred by applying harmless error analysis
without first determining whether the trial court’s order dismissing the
habitual offender notice was erroneous. See MCR 2.613(A) (stating that a
judgment or order of the court may not be vacated, modified, or otherwise
disturbed “unless refusal to take this action appears to the court inconsistent
with substantial justice”). The prosecutor has conceded that it did not timely
serve the habitual offender notice under MCL 769.13. On remand, the Court of
Appeals is directed to determine whether the trial court erred by concluding
that the proper remedy for the prosecutor’s statutory violation was dismissal
of the habitual offender notice. See In re Forfeiture of Bail Bond, 496
Mich 320 (2014).
