Opinion
No. 139076 (27).
March 24, 2010.
Appeal from the Court of Appeals No. 290120.
Leave to Appeal Denied.
The defendant's attorney acknowledges that the delay in filing the defendant's May 23, 2005, application for leave to appeal in COA No. 262929 was due to the attorney's erroneous calculation of the appellate filing deadline, and he admits his sole responsibility for the error. Accordingly, the defendant had been deprived of his direct appeal as a result of constitutionally ineffective assistance of counsel. See Roe v Flores-Ortega, 528 US 470, 477; 120 S Ct 1029; 145 L Ed 2d 985 (2000); Peguero v United States, 526 US 23, 28; 119 S Ct 961; 143 L Ed 2d 18 (1999). For purposes of MCR 6.502(G)(1), the Court notes that the defendant's January 30, 2009, application for leave to appeal was properly denied under the standard applicable to direct appeals.
Costs are imposed against attorney Joseph L. Stewart, only, in the amount of $250, to be paid to the clerk of this Court