Preview:

STATE OF MICHIGAN
COURT OF APPEALS


PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v EDWARD JONATHAN CROCKER,

UNPUBLISHED January 13, 1998

No. 201100 Monroe Circuit Court LC No. 93-025688 FH 93-025690 FH

Defendant-Appellant.

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v EDWARD JONATHAN CROCKER, No. 201255 Monroe Circuit Court LC No. 96-027405 FH 96-027407 FH 96-027408 FH 96-027409 FH

Defendant-Appellant.

Before: Gage, P.J., and Murphy and Reilly, JJ. MEMORANDUM. Defendant pleaded nolo contendere to four charges of larceny from a person (93-025688 FH; 96-027405 FH; 96-027408 FH; 96-027409 FH), MCL 750.357; MSA 28.589, and to one charge each of breaking and entering a motor vehicle with the intent to steal property valued at not less than $5 (93-025690 FH), MCL 750.356a; MSA 28.588(1), and of unlawfully driving away of an automobile (96-027407 FH), MCL 750.413; MSA 28.645. Defendant received six concurrent enhanced sentences of seven to twenty years' imprisonment, reflecting defendant's status as a fourth offender,

-1

MCL 769.12; MSA 28.1082. Defendant appeals as of right. We vacate that portion of the judgments of sentence that requires defendant to pay $60 to the crime victim's rights fund and remand to permit the trial court to perform the ministerial task of amending the judgments of sentence to require defendant to pay $30 to the fund. At the time defendant committed the offenses for which he stands convicted, trial courts were authorized to order a person convicted of a felony to pay a $30 assessment to the crime victim's rights fund. MCL 780.905(1); MSA 28.1287(905)(1); 1989 PA 196. The statutory assessment was increased twice by amendment since defendant committed the instant offenses. 1994 PA 345; 1996 PA 344. At the time of sentencing in these cases, the statutory assessment was $60. MCL 780.905(1). The imposition of the $60 assessment in these cases violates the ex post facto prohibitions of US Const, art I,

Download PEOPLE OF MI V EDWARD JONATHAN CROCKER.pdf

Michigan Law