People v. White, 536 N.W.2d 876 (Mich. Ct. App. 1995)

Cases | People v. White, 536 N.W.2d 876 (Mich. Ct. App. 1995) | 2018

The defendant pled guilty to attempted aggravated stalking and being a third-offense habitual offender, and was ordered to pay $3000 in restitution. On appeal, the defendant claimed that the award was unsupported by documentary evidence and that the trial court gave an insufficient explanation of the basis for the award. The appellate court held that the amount was essentially arbitrary and constituted an abuse of the trial court’s discretion. The trial court erred in failing to consider or request evidence relevant to the defendant’s financial resources and earning ability and the financial needs of the defendant and his dependents, if any, in addition to the amount of the victim’s losses. The appellate court vacated the restitution award and remanded for resentencing.