IN RE SAMUEL CLIFFORD BAILEY
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STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of SAMUEL CLIFFORD BAILEY,
Minor.
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
May 12, 2009
Petitioner-Appellee,
v
No. 284384
Wayne Circuit Court
Family Division
LC No. 06-462088
SAMUEL CLIFFORD BAILEY,
Respondent-Appellant.
Before: Sawyer, P.J., and Murray and Stephens, JJ
STEPHENS, J. (dissenting).
I would vacate the order of restitution and remand for further proceedings.
In this case, the victim lost various items, including a collection of rare and vintage
currency. The hearing focused on the value of the lost currency. The prosecutor offered the
victim’s testimony and offered numerous exhibits addressing the value of collector currency.
The defense objected to the exhibits and conducted a vigorous cross-examination of the victim.
During that cross-examination the victim acknowledged that her lost currency was circulated and
frequently handled. She also agreed that it was of “average” quality. After the hearing, the trial
court acknowledged that it was “not able to determine what the amount of that value is. ”
However, the court placed a value of $5,000 on the lost coins, “based on the fact that . . . some of
these coins may have had value.” The court further stated, “Yet I still feel that the respondent to
this crime should carry a burden because he had no right to deprive her of these coins in the first
place. So for him to walk scott free doesn’t make sense to me either. So I’ll split the loaf and
I’ll place a restitution value on the coins that have been testified to.” Because the evidence was
insufficient to establish the actual value of the victim’s loss, the trial court abused its discretion
in ordering $5,000 in restitution.
/s/ Cynthia Diane Stephens
-1-
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