People v. Broyles

Order Michigan Supreme Court
Lansing, Michigan
November 25, 2015 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
151556 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 151556
COA: 326205
Kent CC: 14-004338-FH
ARTHUR LEE BROYLES,
Defendant-Appellant.
_____________________________________/
On order of the Court, the application for leave to appeal the April 17, 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 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 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).
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.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
November 25, 2015
a1118
Clerk