People v. Broyles

871 N.W.2d 209, 498 Mich. 927, 2015 Mich. LEXIS 2767

Opinion

Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we vacate the Kent Circuit Court’s order denying the defendant’s motion for plea withdrawal and/or to correct an invalid sentence and we remand this case to the Kent Circuit Court. That court shall treat the defendant’s January 26,2015 supplemental brief and February 20,2015 supplemental motion as timely filed and evaluate the defendant’s issues on the merits. The defendant’s attorney acknowledges that the defendant did not contribute to the delay in filing a proper motion and admits her sole responsibility for the error. Because a motion to withdraw a plea or correct an invalid sentence is a prerequisite to substantive review on direct appeal under MCR 6.310 and MCR 6.429, the defendant was effectively deprived of his direct appeal as a result of constitutionally ineffective assistance of counsel. See Roe v Flores-Ortega, 528 US 470, 477; 120 S Ct 1029; 145 L Ed 2d 985 (2000); Peguero v United States, 526 US 23, 28; 119 S Ct 961; 143 L Ed 2d 18 (1999).

Costs are imposed against the attorney, only, in the amount of $500, to be paid to the Clerk of this Court. We do not retain jurisdiction.