Opinion
No. 120105.
April 9, 2002.
COA: 233062, Genesee CC: 98-003313-FH
On order of the Court, the delayed application for leave to appeal from the May 2, 2001 decision of the Court of Appeals is considered, and pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration of the merits of the delayed application for leave to appeal because it was timely filed with the Court of Appeals. The Court of Appeals erred in dismissing the delayed application for leave to appeal because the defendant's motion for resentencing was timely filed and the defendant's delayed application for leave to appeal was filed on March 8, 2001, after the February 15, 2001 issuance by the trial court of its order denying the motion for resentencing. The delayed application, therefore was timely. MCR 7.205(F). The Court of Appeals erred in finding that the order denying the motion for resentencing was issued on July 24, 2000.