People v. Fisher

2 Citing cases

  1. People v. Coleman

    344 N.W.2d 30 (Mich. Ct. App. 1983)   Cited 2 times

    MCL 771.1(2); MSA 28.1131(2). The case cited by defendant, People v Fisher, 106 Mich. App. 616; 308 N.W.2d 188 (1981), is distinguishable. There, the Court merely held that a hearing may be granted where defendant points to mitigating circumstances outside those which are contained in the presentence report.

  2. People v. Baker

    120 Mich. App. 89 (Mich. Ct. App. 1982)   Cited 6 times

    We are unable to discern from the foregoing whether the sentencing judge regarded defendant's efforts to find a job and enable himself to make restitution as inadequate or whether the judge viewed defendant's efforts as irrelevant in view of his failure to make restitution. A similar problem was presented in People v Fisher, 106 Mich. App. 616, 619-620; 308 N.W.2d 188 (1981), in which the Court held: "We believe that principles of fairness mandate that, where, as here, the trial court gives a defendant an opportunity to demonstrate eligibility for lenient treatment, defendant is entitled to a hearing as to whether failure to comply with conditions imposed on defendant was in fact due to circumstances beyond defendant's control.