PEOPLE OF MI V ROBERT JAY HOWELL
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
February 24, 2009
Plaintiff-Appellee,
v
No. 281669
Wayne Circuit Court
LC No. 07-009066-FH
ROBERT JAY HOWELL,
Defendant-Appellant.
Before: Zahra, P.J., and O’Connell and Fort Hood, JJ.
ZAHRA (concurring in part and dissenting in part).
I concur in the portion of the majority opinion that affirms defendant’s conviction. I
respectfully dissent from the portion of the majority opinion that vacates the portion of the
judgment that requires defendant to reimburse the county for the cost of his representation, and
remands for further proceedings. I conclude that where, as here, the trial court orders
employment as a condition to probation, the court may impose reimbursement of reasonable
court appointed attorney fees without expressly addressing defendant’s ability to pay. I conclude
the ability to pay is implicit in the employment that is required by the terms of probation.
/s/ Brian K. Zahra
-1-
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