People v. Grant, 565 N.W.2d 389 (Mich. 1997)

Cases | People v. Grant, 565 N.W.2d 389 (Mich. 1997) | 2018

The defendant pled guilty to conspiring to utter and publish and of being an habitual offender, second offense. The trial court ordered the defendant to pay $175,000 in restitution. On appeal, the defendant claimed that the trial court failed to determine the proper amount of restitution in light of his financial resources and earning ability and the financial needs of both himself and his family. The appellate court vacated and remanded for reconsideration by the trial court. The supreme court reversed the appellate court’s decision and reinstated the restitution order. The trial court did not err in failing to hold a separate hearing or to make an express determination regarding the defendant’s ability to pay under the Crime Victim’s Rights Act. The defendant agreed to pay restitution and did not contest the amount of loss. Absent a dispute, the court was not required to make express findings regarding the amount of restitution. By voluntarily entering into the plea agreement, the defendant authorized the court to determine that he had considered his financial situation and concluded that he had or would have the ability to pay. The trial court properly considered the enumerated factors within the statutory requirements.