PEOPLE OF MI V ELLIOTT DALE REED
Annotate this Case
Download PDF
STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
June 3, 2008
Plaintiff-Appellee,
v
No. 278188
Wayne Circuit Court
LC No. 06-009828-01
ELLIOTT DALE REED,
Defendant-Appellant.
Before: Davis, P.J., and Murray and Beckering, JJ.
PER CURIAM.
Following a jury trial, defendant was convicted of felon in possession of a firearm, MCL
750.224f, and possession of a firearm during the commission of a felony, MCL 750.227b. He
was sentenced to five years’ probation for the felon in possession of a firearm conviction, and
two years’ imprisonment for the felony-firearm conviction. He appeals as of right. We affirm
defendant’s convictions and sentences, but vacate the portions of the judgment of sentence and
order of probation that require defendant to pay $600 in attorney fees and remand this case for
reconsideration. This appeal is being decided without oral argument pursuant to MCR 7.214(E).
Defendant challenges only the sentencing court’s order that he pay $600 in court costs
and $600 in attorney fees. The judgment of sentence includes these amounts, as does the order
of probation. The court ordered payment of these costs without noting whether it had considered
defendant’s ability to pay.
Defendant did not raise this issue below. His failure to timely challenge the amount of
costs waives his right to challenge the assessment on appeal. People v Music, 428 Mich 356,
363; 408 NW2d 795 (1987).
With respect to the assessment of attorney fees, this Court reviews the issue for plain
error affecting defendant’s substantial rights. People v Carines, 460 Mich 750, 763; 597 NW2d
130 (1999); People v Dunbar, 264 Mich App 240, 251; 690 NW2d 476 (2004). In Dunbar, this
Court held that before attorney fees may be imposed against a criminal defendant, a trial court
must “provide some indication of consideration [of the defendant’s financial situation], such as
noting that it reviewed the financial and employment sections of the defendant’s presentence
investigation report or, even more generally, a statement that considered the defendant’s ability
to pay.” Id. at 254-255.
-1-
Because the record does not indicate that the trial court considered defendant’s financial
circumstances before ordering reimbursement of attorney fees, we remand for reconsideration of
this issue in light of defendant’s current and future financial circumstances. Id. at 255; People v
Arnone, 478 Mich 908; 732 NW2d 537 (2007).
We affirm defendant’s convictions, but vacate the portion of the judgment of sentence
and order of probation requiring defendant to reimburse the county $600 for legal fees and
remand for reconsideration in light of defendant’s present and future ability to pay. We do not
retain jurisdiction.
/s/ Alton T. Davis
/s/ Christopher M. Murray
/s/ Jane M. Beckering
-2-
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
