PEOPLE OF MI V DAVID DWAYNE SANDERS

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V DAVID DWAYNE SANDERS
Docket No. 381022
LC No. 2013-000217-FC
Matthew S. Ackerman
Presiding Judge
Brock A. Swartzle
Anica Letica
Judges
The motion to waive fees is GRANTED for this case only.
In lieu of granting the delayed application for leave to appeal, and as authorized by MCR
7.205(E)(2), the April 18, 2026 order of the Barry Circuit Court is VACATED in part, and this matter is
REMANDED to the trial court for entry of an order restarting the time in which defendant may request
appellate counsel or file an appeal from his May 24, 2013 original judgment of sentence. MCR 6.428.
An appeal taken after conviction and the imposition of probation may “only cover matters arising up to
that time,” while an appeal taken after a probation violation hearing “must necessarily be limited to those
matters relating to the probation violation and the hearing thereon.” People v Pickett, 391 Mich 305, 316;
215 NW2d 696 (1974); see also, People v Kaczmarek, 464 Mich 478, 485; 628 NW2d 484 (2001). In the
present case, by acts or omissions, defendant’s appointed appellate counsel and the trial court deprived
defendant of first-tier appellate review of his guilty pleas and his accompanying sentence. In all other
regards, the delayed application is DENIED for lack of merit in the grounds presented.
This order has immediate effect. MCR 7.215(F)(2). The Court does not retain jurisdiction.
_______________________________
Presiding Judge
August 25, 2026

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