Opinion
No. 116139(54).
April 30, 2001.
COA: 212496, Genesee CC: 85-35677-FC
On order of the Court, the motion for reconsideration of this Court's order of June 26, 2000, is considered, and it is GRANTED. On reconsideration, we VACATE our order dated June 26, 2000, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we VACATE the order of the Genesee County Circuit Court dated June 26, 1997, and we REMAND the case to the Genesee County Circuit Court for further proceedings consistent with this order. The circuit court record shows that the judge heard oral argument by the prosecutor on the defendant's motion for relief from judgment, but did not appoint counsel to represent the defendant at that hearing, as required by MCR 6.505(A). On remand, the Genesee County Circuit Court must appoint counsel to represent the defendant, and then reconsider the defendant's motion for relief from judgment after hearing oral argument by appointed counsel and the prosecutor. The court shall then issue a new order granting or denying relief from judgment. In all other respects, leave to appeal is DENIED. We do not retain jurisdiction.