Opinion
Docket No. 151255. COA No. 315591.
06-28-2016
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Lois BUTLER–JACKSON, Defendant–Appellant.
Order
By order of May 27, 2015, the application for leave to appeal the November 6, 2014 judgment of the Court of Appeals was held in abeyance pending the decision in People v. Hartwick (Docket No. 148444). On order of the Court, the case having been decided on July 27, 2015, 498 Mich. 192, 870 N.W.2d 37 (2015), the application is again considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE that part of the Court of Appeals judgment addressing the propriety of court costs under MCL 771.3(5). Though probation supervision costs and reimbursement of expenses incurred in prosecuting the defendant or providing her with legal assistance are authorized under that statute, court costs are not. See People v. Cunningham, 496 Mich. 145, 852 N.W.2d 118 (2014), and People v. Juntikka, 310 Mich.App. 306, 871 N.W.2d 555 (2015). We REMAND this case to the Macomb Circuit Court for further proceedings. In all other respects, leave to appeal is DENIED, because we are not persuaded that the remaining question presented should be reviewed by this Court.
We do not retain jurisdiction.