People v. Aguilar

Appellant, Gerardo Aguilar, and his brother, Perfecto Aguilar, were jointly charged and jointly tried on two counts of assault with a deadly weapon. MCL 750.82; MSA 28.277. Both were represented by the same counsel. Gerardo was convicted on both counts; Perfecto was acquitted. Gerardo appealed, and we reversed on Count II but affirmed on Count I. Motion was then filed in the trial court for leave to file a delayed motion for a new trial. That motion was denied. Application for leave to appeal was filed in this Court and denied. Application for leave to appeal was filed in the Supreme Court,…