Opinion
368333
05-29-2024
PEOPLE OF MICHIGAN v. ANTONIO MANZO-DIAZ
LC No. 18-005172-01-FC
Anica Letica Presiding Judge Noah P. Hood Philip P. Mariani Judges.
ORDER
Anica Letica Presiding Judge.
The motion to remand is GRANTED in part and DENIED in part. The motion to remand is DENIED as to the resentencing issue addressed in Issue III of defendant's brief in support of the motion, for failure to persuade the Court of the necessity of a remand on that issue at this time. Denial of remand as to Issue III is without prejudice to a case call panel of this Court determining that a remand for resentencing is warranted once the case is submitted on a session calendar. The motion to remand is GRANTED as to the ineffective-assistance-of-counsel issues addressed in Issues I and II of defendant's brief in support of the motion to remand, and this case is REMANDED to the trial court for an evidentiary hearing and decision whether defendant was denied the effective assistance of counsel. People v Ginther, 390 Mich. 436 (1973). Proceedings on remand are limited to the issues raised in Issues I and II. This Court retains jurisdiction.
Defendant shall initiate the proceedings on remand within 14 days of the date of this order. The time for further proceedings in this appeal shall begin to run on the issuance of an order in the trial court that concludes the remand proceedings. However, if defendant fails to file a motion to initiate the proceedings within the time provided, the time for further proceedings in this appeal shall begin to run at the conclusion of that 14-day period. Defendant shall file with this Court a copy of any motion and supporting brief filed in the trial court, and defendant shall file a copy of any order entered within 14 days after entry.
The trial court shall hear and decide the matter within 56 days of the date of this order and shall make an appropriate determination on the record. The trial court shall order a transcript of any hearing on remand to be prepared at public expense and filed within 21 days after completion of the proceedings.
Defendant may file a supplemental brief addressing the issues raised on remand within 21 days after the date of entry of the trial court's order deciding the matter or the date the transcript is filed, whichever is later. Plaintiff may file a supplemental brief in response.