Order Michigan Supreme Court
Lansing, Michigan
January 31, 2006 Clifford W. Taylor,
Chief Justice
129886 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: 129886
COA: 255396
St. Joseph CC: 03-011858-FH
KURT ALAN BURKHARDT,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the September 20, 2005
judgment 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.
KELLY, J., would remand this case to the St. Joseph Circuit Court for resentencing
because she believes the circuit court lacked authority to impose the judgment of
sentence that orders restitution in the amount of $1,540 to pay for a home security system
and related costs. A home security system in this case does not constitute actual medical
service or a device relating to psychological care, as required by MCL 769.1a(4)(a) and
MCL 780.766(4)(a).
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 31, 2006 _________________________________________
d0125 Clerk