Docket No. 147437. Calendar No. 5.

852 N.W.2d 118 (2014)

496 Mich. 145


Supreme Court of Michigan.

Decided June 18, 2014.

Attorney(s) appearing for the Case

Bill Schuette , Attorney General, Aaron D. Lindstrom , Solicitor General, Matthew Schneider , Chief Legal Counsel, Frederick L. Anderson , Prosecuting Attorney, and Judy Hughes Astle , Assistant Prosecuting Attorney, for the people.

State Appellate Defender Office (by Anne M. Yantus ), for defendant.

Christopher M. Smith and Miriam J. Aukerman for the American Civil Liberties Union Fund of Michigan.


At issue is whether MCL 769.1k(1)(b)(ii) provides courts with the independent authority to impose costs upon criminal defendants. We hold that it does not. Instead, we hold that MCL 769.1k(1)(b)(ii) provides courts with the authority to impose only those costs that the Legislature has separately authorized by statute. Therefore, the circuit court erred when it relied on MCL 769.1k(1)(b)(ii) as independent authority to impose $1,000...

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