133695 | Mich. | Dec 20, 2007
PEOPLE of the State of Michigan, Plaintiff-Appellee,
v.
Destrey Shane McCOY, Defendant-Appellant.
Supreme Court of Michigan.
By order of September 12, 2007, appellate counsel was directed to file a supplemental *119 brief. On order of the Court, the brief having been received, the application for leave to appeal the February 22, 2007 order of the Court of Appeals is again considered and, pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals. That court shall treat the defendant's delayed application for leave to appeal as having been filed within the deadline set forth in MCR 7.205(F) and shall decide whether to grant, deny, or order other relief, in accordance with MCR 7.205(D)(2). The defendant's attorney acknowledges that the defendant did not contribute to the delay in filing and admits his sole responsibility for the error. 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" court="SCOTUS" date_filed="2000-02-23" href="https://app.midpage.ai/document/roe-v-flores-ortega-118339?utm_source=webapp" opinion_id="118339">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.