People v. Peters, 537 N.W.2d 160 (Mich. 1995)

Cases | People v. Peters, 537 N.W.2d 160 (Mich. 1995) | 2018

The defendant pled no contest to conspiracy to burn insured property, burning a dwelling house, burning other real property, and burning insured property. The trial court ordered the defendant to pay restitution. The defendant died during the pendency of an appeal that challenged the plea and the restitution order. A motion was brought to remand to trial court for entry of an order abating the cause ab initio because the defendant died while his appeal was pending. The trial court held that the restitution order survived the abatement ab initio of the criminal cause. Defense counsel appealed. In People v. Peters, 205 Mich. App. 312, 517 N.W.2d 773 (Mich. Ct. App. 1994), the appellate court held that a restitution order is dismissed when it is based on a criminal conviction that is abated ab initio. The supreme court reversed the appellate court’s decision and remanded to trial court. Where a the defendant dies pending an appeal of a criminal conviction, the appeal should be dismissed, but the conviction retained. Further, it was clear that the appellate court did not recognize that the trial court intended that the order of restitution defray the financial loss suffered by the victims.