Opinion
No. 100585.
June 20, 1997
Summary Dispositions June 20, 1997:
3/December 1996. The cause having been briefed and orally argued, the judgment of the Court of Appeals is affirmed. The defendant pleaded guilty of several counts of obtaining money by false pretenses and was sentenced to concurrent terms of six to ten years for each conviction and ordered to pay restitution. The Court of Appeals affirmed the conviction without reference to the restitution order. The Supreme Court granted leave to appeal to decide whether defendant was properly ordered to make restitution. There was no error in the restitution requirement and the amount of restitution did not exceed the potential fines that defendant was advised of at the time the plea was taken. No agreement was reached between the prosecutor, the defendant, and the court regarding whether restitution would be imposed, United States v Miller, 900 F.2d 919 (CA 6, 1990). Absent such agreement or a claim that the plea was not knowing and voluntary, there is no basis to invalidate the order of restitution.
Court of Appeals No. 167753.