Opinion
Docket No. 152295. COA No. 327585.
09-29-2016
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. David Kevin FRANKLIN, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the August 5, 2015 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the April 6, 2015 order of the Kent Circuit Court, and we REMAND this case to the trial court for an evidentiary hearing pursuant to People v. Ginther, 390 Mich. 436, 212 N.W.2d 922 (1973), for a determination whether the defendant was denied the effective assistance of appellate counsel on direct appeal due to counsel's failure to file an application for leave to appeal on the defendant's behalf and challenge the scoring of Offense Variable 13, MCL 777.43. The motion to remand pursuant to People v. Lockridge, 498 Mich. 358, 870 N.W.2d 502 (2015), is DENIED.
We do not retain jurisdiction.