Opinion
371782
10-10-2024
PEOPLE OF MICHIGAN v. AARON JAY ENDRESEN
LC No. 2023-005588-FH
Anica Letica Presiding Judge Kathleen Jansen Kirsten Frank Kelly Judges
ORDER
Pursuant to MCR 7.205(E)(2), in lieu of granting the application for leave to appeal, the June 20, 2024 order denying the motion to withdraw as counsel and to appoint substitute counsel is REVERSED and the matter is REMANDED to the Emmet Circuit Court for the issuance of an order restarting the time in which to file an appeal, MCR 6.428, and for the appointment of substitute appellate counsel. Errors by current appellate counsel have denied defendant the right to appellate review. MCR 6.428.
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.
Letica, P.J., concurs, noting that contrary to the trial court's belief, this Court does not have the ability to extend filing deadlines. See People v Martinez, 307 Mich.App. 641, 647; 861 N.W.2d 905 (2014) (stating that unambiguous language in the court rules must be enforced as written).
Jansen, J., would not appoint substitute appellate counsel.