Opinion
Docket No. 147059. COA No. 308852.
2013-11-20
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Billy Joe ENGLISH, Defendant–Appellant.
Prior report: 493 Mich. 927, 825 N.W.2d 62.
Order
On order of the Court, the application for leave to appeal the March 8, 2013 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals. The defendant's delayed application was not untimely under MCR 7.205(F)(4) because, under the unique circumstances presented, it was reasonable for appointed appellate counsel to calculate the due date for the delayed application from the date he received official and final notice that the outstanding transcript did not exist. On remand, the Court of Appeals shall decide whether to grant, deny, or order other relief, in accordance with MCR 7.205(D)(2).
We do not retain jurisdiction.