Opinion
Docket No. 148874. COA No. 319114.
2014-09-5
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Maurice Sean LEONARD, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the January 15, 2014 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 for reconsideration of the defendant's November 15, 2013 application for leave to appeal under the standard applicable to direct appeals. The defendant's attorney acknowledged in his motion to reissue judgment of sentence that the delay in filing the defendant's application for leave to appeal was due to the attorney's failure to locate the correctional facility in which the defendant was incarcerated. Accordingly, the 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 do not retain jurisdiction.