Opinion
SC: 161267 COA: 351480
01-20-2021
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Jeffrey Allen NYE, Defendant-Appellant.
Order
By order of October 2, 2020, the prosecuting attorney was directed to answer the application for leave to appeal the March 13, 2020 order of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals to address: (1) whether the Oakland Circuit Court had statutory authority under MCL 769.1k to issue the September 23, 2015 amended order to remit prisoner funds; and (2) if so, whether setting the amount of attorney fees several years after sentencing violates due process. People v. Jackson , 483 Mich. 271, 292, 769 N.W.2d 630 (2009).
On remand, while retaining jurisdiction, the Court of Appeals shall remand this case to the Oakland Circuit Court and direct that court to appoint counsel to represent the defendant in the Court of Appeals. We direct the Court of Appeals’ attention to the fact that we have also remanded People v. Terry (Docket No. 161983) to the Court of Appeals for consideration of similar issues.
We do not retain jurisdiction.