Opinion
Docket No. 147401. COA No. 311876.
2014-02-28
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Christopher L. TULL, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the May 24, 2013 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Macomb Circuit Court for reissuance of the defendant's judgment of conviction and sentence. The record makes clear that the failure to perfect an appeal of right was solely the fault of the defendant's trial counsel, who did not fulfill his promise in open court to file the necessary paperwork to begin the appellate process. Accordingly, the defendant was deprived of his appeal of right as a result of constitutionally ineffective assistance of counsel. See Roe v. Flores–Ortega, 528 U.S. 470, 477, 120 S.Ct. 1029, 145 L.Ed.2d 985 (2000); Peguero v. United States, 526 U.S. 23, 28, 119 S.Ct. 961, 143 L.Ed.2d 18 (1999).
We further ORDER the Macomb 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.