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No. 135888
| The People of the State of Michigan, |
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Mary Jo Diegel |
Plaintiff-Appellee, |
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(Appeal from Ct of Appeals) |
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(Macomb - Miller, D.) |
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| Harvey Eugene Jackson, |
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Valerie R. Newman |
Defendant-Appellant. |
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| __________________________________________ |
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Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief on Appeal>>
Defendant-Appellant's Brief on Appeal>>
Prosecuting Attorneys Association of Michigan's Amicus Curiae Brief>>
Background
Harvey Eugene Jackson pled no contest to first-degree home invasion, assault with intent to rob while unarmed, and malicious tampering with phone lines. Jackson was sentenced to eight to 20 years in prison for the home-invasion conviction, eight to 15 years in prison for the assault conviction, and one to two years in prison for the malicious tampering conviction. He was also ordered to pay restitution of $1,357.50 and other costs, including a $725.00 reimbursement for his court-appointed attorney. The judge then signed an order to remit prisoner funds for fines, costs, and assessments in the total amount of $2,322.50. Jackson filed a motion asking, among other things, that the court consider his financial ability to repay his attorney fees, citing People v Dunbar, 264 Mich App 240 (2004). In Dunbar, the Michigan Court of Appeals held that trial courts are required to consider a defendant’s ability to pay before ordering the defendant to reimburse the court for his or her attorney fees. The trial court denied Jackson’s motion; Jackson filed an application for leave to appeal to the Court of Appeals, but it was denied on the basis of lack of merit in the grounds presented. Jackson appeals.
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