Order Michigan Supreme Court Lansing, Michigan November 20, 2013 Robert P. Young, Jr., Chief Justice Michael F. Cavanagh Stephen J. Markman 147059 Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 147059 COA: 308852 Oakland CC: 2002-184901-FH BILLY JOE ENGLISH, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the March 8, 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 Court of Appeals. The defendant’s delayed application was not untimely under MCR 7.205(F)(4) because, under the unique circumstances presented, it was reasonable for appointed appellate counsel to calculate the due date for the delayed application from the date he received official and final notice that the outstanding transcript did not exist. On remand, the Court of Appeals shall decide whether to grant, deny, or order other relief, in accordance with MCR 7.205(D)(2).

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 20, 2013 s1113 Clerk