Opinion
Docket No. 151897. COA No. 326896. No. 151897.
05-24-2016
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Charles Earl VARNADO, Jr., Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the May 27, 2015 order 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 Court of Appeals for reconsideration of the defendant's April 14, 2015 delayed application for leave to appeal under the standard applicable to direct appeals. The defendant's former appellate attorney failed to timely file in the trial court a motion to withdraw as counsel, and failed to file in the Court of Appeals, on direct review, a delayed application for leave to appeal within the deadlines set forth in MCR 7.205(G)(3). 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, 120 S. Ct 1209, 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). The motion to remand to the trial court is DENIED.
We do not retain jurisdiction.