Opinion
No. 134827.
March 28, 2008.
Court of Appeals No. 277832.
Leave to Appeal Denied March 28, 2008.
Defendant has shown that he delivered his application for leave to appeal to the prison authorities for mailing on the day before the deadline for filing in the Court of Appeals. The prison authorities neglected to ensure that the Court of Appeals received it the next day. The Court of Appeals deemed the appeal untimely and dismissed it. Without contest, it was because of his incarceration that defendant was unable to ensure that the application was filed with the Court of Appeals on time. Defendant complied with the court rules to the best of his ability by placing the application in the hands of the prison authorities before the time for appeal expired. For that reason, we should determine that his application was timely filed and we should remand this case to the Court of Appeals for consideration as on leave granted.