Opinion
357508
08-20-2021
Lewis Henry McClaine Bey v. Wayne County Circuit Court Judge
LC No. 88-000054-01-FC
Kirsten Frank Kelly Presiding Judge Thomas C. Cameron Anica Letica JudgesORDER
Pursuant to MCR 7.206(D)(4) and MCR 7.216(A)(7), the complaint for superintending control is GRANTED. This Court previously ordered that defendant was entitled to reissuance of his judgment of sentence. People v McClaine-Bey, unpublished order of the Court of Appeals, entered March 3, 2016 (Docket No. 328851). The trial court entered an order on December 14, 2016 which directed that defendant's time to appeal as of right would begin as of the date of that order, and also granted a motion to appoint counsel. However, it does not appear that counsel was ever appointed, which caused defendant to lose the right to claim an appeal. Under the circumstances, the Wayne Circuit Court is ordered to immediately reissue defendant's judgment of sentence. MCR 6.428. Within 21 days of entry of an order reissuing defendant's judgment of sentence, the circuit court shall appoint counsel to represent defendant on appeal pursuant to MCR 6.425(G)(1).
We do not retain jurisdiction.