Opinion
No. 130888.
September 14, 2006.
Appeal from the Court of Appeals No. 266906.
Summary Dispositions September 14, 2006.
The motion for immediate consideration is granted. The application for leave to appeal the February 27, 2006, order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we remand this case to the Tuscola Circuit Court for resentencing. A defendant facing incarceration has the right to counsel at all critical stages of the criminal process. People v Williams, 470 Mich 634, 641 (2004). Sentencing is a critical stage. People v Pubrat, 451 Mich 589, 594 (1996). The complete denial of counsel at a critical stage of a criminal proceeding, as occurred in this case, is structural error requiring automatic reversal. See Gideon v Wainwright, 372 US 335, 344-345 (1963); People v Duncan, 462 Mich 47, 51-52 (2000). We do not retain jurisdiction.