Opinion
Docket No. 148308. COA No. 315852.
2014-09-5
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Ronald Lee IRWIN, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the November 8, 2013 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for reconsideration of the defendant's April 22, 2013 delayed application for leave to appeal under the standard applicable to direct appeals. The defendant's former appellate attorney failed to timely file in the trial court a motion to withdraw the defendant's plea, and failed to file in the Court of Appeals, on direct review, a delayed application for leave to appeal within the deadlines set forth in MCR 7.205(F). Counsel acknowledged that the defendant did not contribute to the delay in filing and admitted her sole responsibility for missing the deadline. Accordingly, the defendant was deprived of his direct appeal as a result of constitutionally ineffective assistance of counsel. See Roe v. Flores–Ortega, 528 U.S. 470, 477, 120 S.Ct. 1029, 145 L.Ed.2d 985 (2000); Peguero v. United States, 526 U.S. 23, 28, 119 S.Ct. 961, 143 L.Ed.2d 18 (1999).
Costs are imposed against the attorney, only, in the amount of $250, to be paid to the Clerk of this Court.
We do not retain jurisdiction. VIVIANO, J., did not participate because he presided over this case in the circuit court.