Opinion
No. 140384.
September 17, 2010.
Court of Appeals No. 287034.
Summary Disposition on Reconsideration.
The motion for reconsideration of this Court's June 25, 2010 order is considered, and it is granted. We vacate our order dated June 25, 2010. 486 Mich. 1040. On reconsideration, the application for leave to appeal the November 19, 2009, judgment of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we vacate the judgment of the Court of Appeals and remand this case to the Court of Appeals for a new appeal. The defendant requested the appointment of appellate counsel in the district court while the prosecution's interlocutory appeal was pending in the Court of Appeals, but counsel was not appointed until after the Court of Appeals issued its judgment on November 19, 2009. Consequently, the defendant was not represented by counsel during the prosecution's interlocutory appeal. On remand, the defendant is entitled to appointed appellate counsel.
DAVIS, J., not participating. I recuse myself and am not participating because I was on the Court of Appeals panel in this case. See MCR 2.003(B).