Order Michigan Supreme Court
Lansing, Michigan
November 27, 2013 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
147367 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
David F. Viviano,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 147367
COA: 315625
Wayne CC: 12-007858-FH
ANTHONY VAN,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the May 14, 2013 order
of the Court of Appeals is considered, and it is DENIED, because we are not persuaded
that the questions presented should be reviewed by this Court.
MARKMAN, J. (concurring).
As previously set forth in my separate statements in People v Touchstone, 483
Mich 947, 948-949 (2009), and People v Parks, 493 Mich 944, 944-945 (2013),
MCL 771.3c(1) provides that in “determining the amount of the [supervision] fee, the
court shall consider the probationer’s projected income and financial resources.” The
table contained in that provision proceeds to instruct that if probationer’s projected
monthly income is less than $250, the amount of such fee should be zero dollars. Per
defendant’s presentencing report, there was evidence that his projected monthly income
was $100 a month and that his total financial resources were $200 a month. If that
information was accurate, no fee should have been imposed upon defendant. Yet, absent
any explanation, the trial court assessed a $10 monthly fee. Because defendant did not
object at sentencing, the issue is unpreserved. For that reason alone, I concur in the
Court’s order.
MCCORMACK, J., joins the statement of MARKMAN, J.
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.
November 27, 2013
s1126
Clerk