Opinion
368817
04-08-2024
PEOPLE OF MICHIGAN v. DAVID A MONTGOMERY
LC No. 2005-011503-FH
Mark T. Boonstra Presiding Judge Jane E. Markey Stephen L. Borrello Judges
ORDER
The motion to waive fees is GRANTED for this case only.
The application for leave to appeal is GRANTED, limited to the issues raised in the delayed application. MCR 7.205(E)(4). The time for taking further steps in this appeal runs from the date of the Clerk's certification of this order. MCR 7.205(E)(3). Because the prosecutor failed to file an answer to the application for leave to appeal, the prosecutor must file an appellee's brief in reply to appellant's brief, either within 56 days of the Clerk's certification of this order as directed in MCR 6.509(D), or within the time stated in MCR 7.212(A)(2)(a), whichever is later.
On its own motion, the Court REMANDS this matter to the trial court for appointment of appellate counsel to represent defendant in this appeal. MCR 6.505(A). This Court retains jurisdiction.