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PEOPLE v. McKINLEY

Docket No. 147391. Calendar No. 4.

852 N.W.2d 770 (2014)

496 Mich. 410

PEOPLE v. McKINLEY.

Supreme Court of Michigan.

Decided June 26, 2014.

Attorney(s) appearing for the Case

Bill Schuette , Attorney General, Aaron D. Lindstrom , Solicitor General, David E. Gilbert , Prosecuting Attorney, and Marc Crotteau , Assistant Prosecuting Attorney, for the people.

State Appellate Defender Office (by Christopher M. Smith ) for defendant.

Kym L. Worthy and Timothy A. Baughman , Detroit, for the people.

McCORMACK, J.

In this case, we decide whether a trial court's restitution award that is based solely on uncharged conduct1 may be sustained. We conclude that it cannot. We therefore overrule our decision in People v. Gahan, 456 Mich. 264, 571 N.W.2d 503 (1997), to the extent that Gahan held that MCL 780.766(2) "authorizes the sentencing

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