Order Michigan Supreme Court
Lansing, Michigan
January 24, 2007 Clifford W. Taylor,
Chief Justice
132511 Michael F. Cavanagh
Elizabeth A. Weaver
Marilyn Kelly
Maura D. Corrigan
PEOPLE OF THE STATE OF MICHIGAN, Robert P. Young, Jr.
Plaintiff-Appellee, Stephen J. Markman,
Justices
v SC: 132511
COA: 272762
Wayne CC: 05-005351-01
RUEBEN DEJESUS,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the October 24, 2006
order of the Court of Appeals is considered and, pursuant to MCR 7.302(G)(1), in lieu of
granting leave to appeal, we VACATE that portion of the sentence of the Wayne Circuit
Court that ordered defendant to pay attorney fees and we REMAND this case to the trial
court for a decision on attorney fees that considers defendant’s ability to pay now and in
the future. See People v Dunbar, 264 Mich App 240 (2004), lv den 473 Mich 881
(2005). At the trial court’s discretion, the decision may be made based on the record
without the need for a formal evidentiary hearing. If the court decides to order defendant
to pay attorney fees, it shall do so in a separate order. Id. On remand, defendant may file
a motion in the trial court to modify the judgment of sentence as to the amount of credit
for time served. In all other respects, the application for leave to appeal is DENIED,
because we are not persuaded that the remaining questions presented should be reviewed
by this Court.
We do not retain jurisdiction.
I, Corbin R. Davis, 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.
January 24, 2007 _________________________________________
l0117 Clerk