People v. Horace Williams

We concur in the factual findings contained in the dissenting opinion. However we find no "dilemma” with respect to raising the issue of production of res gestae witnesses. Appellate counsel was appointed on April 9, 1975, and had 60 days in which to either file a motion for new trial on the res gestae witness issue or file a claim of appeal, GCR 1963, 803.1. Claim of appeal was filed on June 9, 1975. Neither defendant nor the dissent cite any reason as to why a motion for new trial could not have been filed within that time. Defendant did finally file a motion for remand on September 26,…