Opinion
SC 163485 COA 357021
03-08-2022
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. MONTE WILLIAM ROWE, Defendant-Appellant.
Oakland CC: 13-246088-FC
Bridget M. McCormack, Chief Justice, Brian K. Zahra, David F. Viviano, Richard H. Bernstein, Elizabeth T. Clement, Megan K. Cavanagh, Elizabeth M. Welch, Justices
ORDER
By order of January 4, 2022, the prosecuting attorney was directed to answer the application for leave to appeal the July 15, 2021 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. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the Oakland Circuit Court's February 24, 2021 order denying the defendant's motion for relief from judgment and we REMAND this case to that court for reissuance of the defendant's judgment of conviction and sentence. See MCR 6.428. The parties agree that the defendant's appellate attorneys allowed the time limits for appellate review to expire without seeking direct review of the defendant's plea-based convictions or filing a motion to withdraw that met the requirements of Anders v California, 386 U.S. 738, 744 (1967). 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 (2000); Peguero v United States, 526 U.S. 23, 28 (1999).
We further ORDER the Oakland Circuit Court, in accordance with Administrative Order 2003-03, to determine whether the defendant is indigent and, if so, to appoint counsel to represent the defendant on appeal.
We do not retain jurisdiction.