Opinion
SC: 153505 COA: 330907
06-27-2017
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Eddie BROWN, Defendant–Appellant.
Order
By order of January 31, 2017, the defendant's former appellate counsel was directed to file a supplemental brief. By order of February 17, 2017, the Chief Justice appointed substitute appellate counsel to file a second supplemental brief. On order of the Court, the briefs having been received, the application for leave to appeal the February 24, 2016 order of the Court of Appeals is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Oakland Circuit Court for reissuance of the defendant's judgment of conviction and sentence. It is unclear from the record whether the failure to perfect an appeal of right was solely the fault of the defendant's trial counsel, who promised in open court to file the necessary paperwork to begin the appellate process, but failed to fulfill that promise, 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), or whether trial counsel filed the paperwork and the trial court failed to process it. Regardless, it is clear that the failure to perfect an appeal of right is not attributable to the defendant.
We further ORDER the Oakland Circuit Court, in accordance with Administrative Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint counsel to represent the defendant in the Court of Appeals.
We do not retain jurisdiction.