Opinion
SC: 156092
03-05-2018
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. ROBERT DESHAWN LEWIS, Defendant-Appellant.
Order
Stephen J. Markman, Chief Justice Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Kurtis T. Wilder Elizabeth T. Clement, Justices COA: 331513
Macomb CC: 2015-003104-FC
On order of the Court, the application for leave to appeal the May 18, 2017 judgment of the Court of Appeals is considered. We DIRECT the Macomb County Prosecuting Attorney to answer Issue IV of the application for leave to appeal within 28 days after the date of this order. The prosecutor shall specifically address whether the Macomb Circuit Court was required to determine the cost of providing legal assistance to the particular defendant in this case pursuant to MCL 769.1k(1)(b)(iv). In addressing this question, the prosecutor shall discuss: (1) the language in MCL 769.1k(1)(b)(iii) that authorizes the trial court to impose "any cost reasonably related to the actual costs incurred by the trial court without separately calculating those costs involved in the particular case;" (2) the fact that attorney fees are not included among the examples of actual costs set forth in MCL 769.1k(1)(b)(iii); and (3) the language in MCL 769.1k(1)(b)(iv) that authorizes the trial court to assess "[t]he expenses of providing legal assistance to the defendant."
The application for leave to appeal remains pending.
I, Larry S. Royster, 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.
March 5, 2018
/s/_________
Clerk