Opinion
No. 113332.
May 18, 1999.
On order of the Court, the delayed application for leave to appeal from the August 31, 1998 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we ORDER that the prosecutor show cause in writing, in this Court, within 28 days after the date of this order, why this case should not be remanded to the Genesee County Circuit Court for resentencing because the trial court did not make findings of fact as required by MCR 6.931 and MCL 769.1; MSA 28.1072. The prosecutor shall also address the issue of the effective date of 1996 PA 247.
The defendant is directed to file with the Genesee County Circuit Court an affidavit concerning his present financial status (see guidelines at 387 Mich. xxxi). The Genesee County Circuit Court must provide the prosecutor with a copy of the defendant's affidavit. The prosecutor may challenge the defendant's assertion of indigency by filing an appropriate motion with the Genesee County Circuit Court within 14 days after the prosecutor receives the copy of the affidavit. If such challenge is brought, the Genesee County Circuit Court must conduct a hearing on the matter within 21 days after the prosecutor's motion is filed. The prosecutor, the defendant, and an attorney appointed by the Genesee County Circuit Court to represent the defendant must appear at the hearing.
If the Genesee County Circuit Court determines that the defendant is indigent, the Court must continue the appointment of the defendant's appellate counsel. That order must be entered within 14 days after the hearing or, if the prosecutor has not challenged the defendant's assertion of indigency, within 28 days after the defendant files his affidavit. The Genesee County Circuit Court must promptly forward to the Clerk of this Court a copy of the appointment order.
If the Genesee County Circuit Court determines that the defendant is not indigent, the Genesee County Circuit Court must promptly notify the Clerk of this Court.
The defendant's response must be filed within 28 days after the filing of the prosecutor's show cause pleadings, or within 21 days after counsel's renewed appointment, whichever is later.