People v. Hamacher, 81202

• Decision Date: 06 October 1987
• Docket Number: No. 81202,81202
• Citation: 429 Mich. 859,412 N.W.2d 922
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Richard Allen HAMACHER, Defendant-Appellee. 429 Mich. 859, 412 N.W.2d 922
• Court: Michigan Supreme Court

Page 922

412 N.W.2d 922

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Richard Allen HAMACHER, Defendant-Appellee.

No. 81202.

429 Mich. 859, 412 N.W.2d 922

Supreme Court of Michigan.

Oct. 6, 1987.

ORDER

Prior report: 160 Mich.App. 759, 408 N.W.2d 549.

On order of the Court, the motion for early decision is treated as a motion for immediate consideration, and it is GRANTED. The application for leave to appeal is considered, and it is GRANTED. We REMAND the case to the Genesee Circuit Court for consideration of the defendant's motion for bond pending appeal.

The defendant shall file with the Genesee Circuit Court an affidavit concerning his present financial status (see guidelines at 387 Mich xxxi). The prosecutor shall be furnished a copy of the financial affidavit and may challenge the defendant's assertion of indigency within 21 days after receiving the affidavit. The challenge, if brought, shall be resolved at a hearing before the Genesee Circuit Court at which the prosecution, the defendant, and an attorney designated to represent the defendant at the hearing shall appear personally to aid the court's inquiry. The Genesee Circuit Court, on a finding of indigency, shall appoint counsel for the defendant to represent him in connection with the motion for bond pending appeal and the appeal in this Court.