Opinion
348984
02-21-2024
PEOPLE OF MI v. JOHNATHAN THOMAS
LC No. 1994-000707-FC
Mark T. Boonstra Presiding Judge Jane E. Markey Douglas B. Shapiro Judges
ORDER
Our Supreme Court remanded this case to this Court for reconsideration in light of People v Parks, 510 Mich. 225 (2022). People v Thomas, 510 Mich. 1087 (2022). On remand, and by order of this Court, the matter was held in abeyance pending this Court's decision in People v Poole, Docket No. 352569. This Court now having decided Poole, the delayed application for leave to appeal is GRANTED. MCR 7.205(E)(4). The time for taking further steps in this appeal runs from the date of the Clerk's certification of this order. MCR 7.205(E)(3). Because the prosecutor failed to file an answer to the delayed application for leave to appeal, the prosecutor must file an appellee's brief in reply to appellant's brief, either within 56 days of the Clerk's certification of this order as directed in MCR 6.509(D), or within the time stated in MCR 7.212(A)(2)(a), whichever is later.
On its own motion, the Court REMANDS the matter to the trial court for appointment of appellate counsel to represent defendant in this appeal. MCR 6.505(A). This Court retains jurisdiction.