Opinion
SC: 160032 COA: 343834
05-26-2020
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Rodolfo Michael SANCHEZ, Defendant-Appellant.
Order
On order of the Court, the motion to amend the application is GRANTED. The application for leave to appeal the June 6, 2019 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Saginaw Circuit Court for the appointment of substitute appellate counsel, in light of Halbert v. Michigan , 545 U.S. 605, 125 S.Ct. 2582, 162 L.Ed.2d 552 (2005). The defendant’s previous appellate attorneys allowed the time limits for appellate review to expire without seeking direct review of the defendant’s plea-based convictions or, alternatively, filing a motion to withdraw that met the requirements of Anders v. California , 386 U.S. 738, 744, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). On remand, substitute counsel, once appointed, may file an application for leave to appeal in the Court of Appeals for consideration under the standard for direct appeals, and/or any appropriate post-conviction motions in the circuit court, within six months of the date of the circuit court’s order appointing counsel. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining questions presented should be reviewed by this Court. The motions to remand for evidentiary hearings are DENIED.
We do not retain jurisdiction.