Opinion
No. 106523.
October 18, 1996.
Leave to Appeal Denied October 18, 1996:
Court of Appeals No. 181978.
I would grant leave to appeal. We recently denied leave in People v Nance, 214 Mich. App. 257 (1995), lv den 453 Mich. 901 (1996) (BOYLE, J., dissenting, holding broadly that a convicted defendant may recover costs paid to the state when the conviction is reversed on appeal. Although the opinion in this case is unpublished, the Court of Appeals here holds that the trial court may require a defendant convicted and sentenced to probation to pay either the cost of prosecuting the defendant or the cost of providing the defendant legal assistance, as well as the cost of supervision, under MCL 771.3(4); MSA 28.1133(4), but not both.
Given that the matter of what costs may be imposed or recovered and by whom is a recurring issue of statewide significance, I would grant leave to appeal.
I would grant leave to appeal.