PEOPLE OF MI V MICHAEL ANTHONY DARBY

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V MICHAEL ANTHONY DARBY
Docket No. 378928
LC No. 13-003186-01-FC
Sima G. Patel
Presiding Judge
Allie Greenleaf Maldonado
Adrienne N. Young
Judges
The motion to waive fees is GRANTED for this case only.
The motion to remand is DENIED.
The delayed application for leave to appeal is DENIED for lack of merit in the grounds
presented. Defendant filed a motion for restoration of appellate rights under MCR 6.428. However, after
defendant was convicted and sentenced in 2013, defendant timely requested the appointment of counsel,
counsel was appointed, and defendant then proceeded with a claim of appeal in Docket No. 317849. As
defendant was not denied the right to appellate review, he is not entitled to restoration of appellate rights
under MCR 6.428. At this point, the only method available to defendant to challenge his judgment of
sentence is a motion for relief from judgment under subchapter 6.500 of the Court Rules. MCR 6.501;
People v McSwain, 259 Mich App 654, 678; 676 NW2d 236 (2003).
_______________________________
Presiding Judge
September 18, 2026

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