Order Michigan Supreme Court
Lansing, Michigan
October 1, 2014 Robert P. Young, Jr.,
Chief Justice
148645 & (17)(18)(23)(24) Michael F. Cavanagh
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Mary Beth Kelly
Brian K. Zahra
Plaintiff-Appellee, Bridget M. McCormack
David F. Viviano,
v SC: 148645 Justices
COA: 315188
Shiawassee CC: 01-007380-FH
DONALD LEE KISSNER,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 29, 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 Shiawassee Circuit Court for
further proceedings. The circuit court failed to provide the defendant with advice
concerning his appellate rights at his original sentencing or at the sentencing following
probation violation, as required under the court rules in effect at the time of his
sentencing, MCR 6.425(E)(2) and MCR 6.445(H)(2), respectively. Upon remand, the
court shall properly advise the defendant that he is entitled to file an application for leave
to appeal to the Court of Appeals, and/or any appropriate postconviction motions in the
trial court, pursuant to the versions of MCR 7.205(F)(3), MCR 6.311, and MCR 6.429 in
effect at the time of the defendant’s sentencing. We further note that because the
defendant’s minimum sentence exceeded the upper limit of the sentencing guidelines
range, he is entitled to an attorney under MCL 770.3a(2)(b), which was in effect at the
time that the defendant was sentenced. In his application for leave to appeal or
postconviction motion, the defendant may include among the issues raised those issues
presented in his application for leave to appeal to this Court, but is not required to do so.
In all other respects, leave to appeal is DENIED, because we are not persuaded that the
remaining questions presented should now be reviewed by this Court. The motion to join
dockets for hearing is DENIED. In light of this Court’s order, the motions for remand,
appointment of counsel, and oral arguments are DENIED as moot.
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.
October 1, 2014
p0924
Clerk