People v. Tubbs

I concur in the affirmance of Tubbs’ conviction, but take a differing approach concerning the procedural complexities of this case.

In my opinion, Tubbs’ request for review should not have been treated as an application for delayed appeal. GCR 1963, 803.3 creates the jurisdictional category of "delayed appeal”:

"Delayed appeal. After expiration of the ^period for timely appeal, the Court of Appeals may, in its discretion, grant leave to appeal from any order or judgment from which timely appeal would have been available either as of right or by leave, upon showing, supported by affidavit, that…