Opinion
361633
12-01-2022
People of Michigan v. Lonnie Nokeema Johnson
LC No. 01-007827-FC.
Elizabeth L. Gleicher, Presiding Judge, Mark J. Cavanagh, Colleen A. O'Brien, Judges.
ORDER
The motion to waive fees is GRANTED for this appeal only. The motion to accept pro per pleadings "as is" is GRANTED.
Pursuant to MCR 7.216(A)(7), in lieu of granting leave to appeal, we REVERSE the trial court's May 10, 2022 order denying defendant's motion for restoration of appellate rights and REMAND this case to the trial court for reissuance of defendant's judgment of conviction and sentence. See MCR 6.428. Defendant's appointed appellate attorneys allowed the time limits to file a direct appeal of defendant's plea-based convictions to expire without filing an application for leave to appeal or a motion to withdraw that met the requirements of Anders v California, 386 U.S. 738, 744; 87 S.Ct. 1396; 18 L.Ed.2d 493 (1967). Accordingly, defendant was deprived of his direct appeal as a result of constitutionally ineffective assistance of counsel. See Roe v Flores-Ortega, 528 U.S. 470, 477; 120 S.Ct. 1029; 145 L.Ed.2d 985 (2000); Peguero v United States, 526 U.S. 23, 28; 119 S.Ct. 961; 143 L.Ed.2d 18 (1999).
We further direct the trial court, in accordance with Administrative Order 2003-03, to determine whether defendant is indigent and, if so, to appoint counsel to represent him on appeal.
The motion to remand for an evidentiary hearing is DISMISSED as moot. The motion to grant complaint under Const 1963, art 1, § 20 is DISMISSED as moot. This Court retains no further jurisdiction.