Opinion
No. 105864.
October 4, 1996.
Leave to Appeal Denied October 4, 1996:
reported below: 214 Mich. App. 257.
I would grant leave to appeal. The Court of Appeals reversed the circuit court's denial of defendant's motion for reimbursement of fines, costs, and fees that were paid as a result of defendant's conviction. In this case of first impression, the Court of Appeals reliance on United States v Lewis, 342 F. Supp. 833, 836 (ED La, 1972), aff'd 478 F.2d 835 (CA 5, 1973), is not sufficiently persuasive to comfortably conclude that the result that binds every local control unit in the state is appropriate (in whole or in part).
I join in the statement of Justice BOYLE.