Order Michigan Supreme Court
Lansing, Michigan
February 7, 2014 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
147612 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 147612
COA: 309951
Washtenaw CC: 09-002072-FH
ROBERT PAUL GEORGE,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the June 27, 2013 order
of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we REVERSE the April 9, 2012 order of the Washtenaw Circuit
Court. It appears that the circuit court did not recognize that it could exercise its
discretion to modify the method of the defendant’s restitution payment under MCL
780.766(12), even where the defendant’s restitution stemmed from a plea agreement.
The statute makes no distinction between restitution ordered as a part of a plea agreement
or otherwise. We REMAND this case to the circuit court for a determination under the
statute whether payment under the existing order will impose a manifest hardship on the
defendant or his immediate family, and whether modifying the method of payment will
impose a manifest hardship on the victims. Upon making these determinations, the
circuit court may, in its discretion, determine whether to modify the method of payment.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
February 7, 2014
s0204
Clerk