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No. 134687
| The People of the State of Michigan, |
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Marilyn A. Eisenbraun |
Plaintiff-Appellant, |
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(Appeal from Ct of Appeals) |
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(Wayne - Jones, V.) |
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| Steven Michael Carter, |
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Valerie R. Newman |
| Defendant-Appellee. |
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| __________________________________________ |
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Click to view briefs in Adobe format:
Plaintiff-Appellant's Application for Leave to Appeal>>
Plaintiff-Appellant's Supplemental Brief>>
Defendant-Appellee's Brief in Opposition to Application for Leave to Appeal>>
Defendant-Appellee's Supplemental Brief>>
Background
Steven Carter was charged with fourth-degree criminal sexual conduct and habitual offender-second offense. Because Carter was indigent, the trial court appointed counsel to represent him. Carter was convicted by a jury and sentenced to two years probation, including 12 months of jail time. Although the judge made no mention of this fact at sentencing, Carter was also ordered to pay $730 in court-appointed attorney fees in the order of probation. In an unpublished decision, the Court of Appeals affirmed the conviction, but ordered resentencing and remanded for consideration of Carter’s current and future ability to repay the fees per People v Dunbar, 264 Mich App 240, 254-255 (2004). The prosecutor appeals, arguing that the trial court was authorized by several statutes to enter the order of probation directing Carter to repay $730, and that none of those statutes required the trial court to consider Carter’s ability to pay.
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