Opinion
No. 113102.
September 22, 1999.
By order of April 27, 1999, this Court directed the prosecutor to file a response to the delayed application for leave to appeal. The response having been filed, the delayed application for leave to appeal from the July 29, 1998 decision of the Court of Appeals is considered again, and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND the case to the Wayne Circuit Court for a hearing and a ruling on the defendant's motion to withdraw his guilty pleas. The trial judge erred by ruling that the defendant's motion was untimely. MCR 6.311(A) and MCR 7.205(F)(4).
On remand, the Wayne Circuit Court must appoint counsel to represent the defendant in the motion proceedings and, if applicable, any subsequent appeal to the Court of Appeals. Jurisdiction is not retained. Court of Appeals No. 211992.
We do not retain jurisdiction.
Court of Appeals No. 201293.