Opinion
No. 305690
09-11-2012
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. GARRET KYLE McNAMARA, Defendant-Appellant.
UNPUBLISHED
Kalkaska Circuit Court
LC Nos. 10-003292-FH
10-003294-FH
Before: SERVITTO, P.J., and FITZGERALD and TALBOT, JJ. MEMORANDUM.
Defendant pleaded guilty to possession of a controlled substance (morphine), MCL 333.7403(2)(a)(v), and to second-degree home invasion, MCL 750.110a(3). In addition to the sentences imposed, a $130 crime victim fee was assessed for each crime pursuant to MCL 780.905(1). Defendant appeals by delayed leave granted. We affirm.
In People v Earl, ____ Mich App ____; ____ NW2d ____ (Docket No. 302945, issued June 19, 2012), slip op pp 5-6, citing People v Matthews, 202 Mich App 175; 508 NW2d 173 (1993), this Court determined that the Crime Victim's Rights Act (CVRA), MCL 780.751 et seq., assessment increase from $60 to $130 did not increase the defendant's punishment and, therefore, did not violate the bar against ex post facto laws. Thus, the sole issue raised by defendant is without merit.
Affirmed.
Deborah A. Servitto
E. Thomas Fitzgerald
Michael J. Talbot