PEOPLE OF MI V CORY JAMES GREENIER
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
August 10, 2010
Plaintiff-Appellee,
v
No. 291956
Emmet Circuit Court
LC No. 08-003033-FH
CORY JAMES GREENIER,
Defendant-Appellant.
Before: WILDER, P.J., and CAVANAGH and SAAD, JJ.
PER CURIAM.
A jury convicted defendant of larceny from a vehicle between $1,000 and $20,000, MCL
750.356a(2)(c)(i), malicious destruction of property between $1,000 and $20,000, MCL
750.377a(1)(b)(i), and larceny in an amount between $1,000 and $20,000, MCL 750.356(3)(a).
The trial court sentenced defendant to three concurrent prison terms of two and a half to 15
years. The court also ordered defendant and his codefendants to jointly and severally pay
$8,846.77 in restitution. For the reasons set forth below, we affirm.
Defendant’s contends that the trial court erred when it determined the amount of
restitution. Specifically, defendant argues that a portion of the restitution amount, $2,400 for
repairing two trailers, was not supported by the evidence. Because defendant did not object to
the restitution order at sentencing, this assertion of error is unpreserved, People v Newton, 257
Mich App 61, 68; 665 NW2d 504 (2003), and we review it for plain error affecting substantial
rights, People v Carines, 460 Mich 750; 764-765, 597 NW2d 130 (1999).
The statute governing restitution orders in criminal cases states that “the court shall
consider the amount of the loss sustained by any victim as a result of the offense.” MCL
780.767(1). The statute also provides:
Any dispute as to the proper amount or type of restitution shall be resolved
by the court by a preponderance of the evidence. The burden of demonstrating
the amount of the loss sustained by a victim as a result of the offense shall be on
the prosecuting attorney. [MCL 780.767(4).]
The court should determine the amount of restitution based on the record evidence. People v
Guajardo, 213 Mich App 198, 200; 539 NW2d 570 (1995).
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The company that sustained damages as a result of defendant’s vandalism submitted
documents at trial showing that it cost $2,400 to repair the trailers. An employee of the company
testified that “most” of that amount was for labor, calculated at a rate of $60 per hour for 12 to
15 hours of work. Defendant asserts that a calculation based on the employee’s testimony
amounts to, at most, a cost of $1,800. However, defendant’s assertion ignores that the employee
testified that “most,” not all, of the cost was for labor. This estimated labor cost is entirely
consistent with the estimated total. Thus, there was no error in the trial court’s restitution award.
Defendant also claims that his trial counsel was ineffective for failing to object to the
amount awarded. We will not fault trial counsel for failing to raise and advocate a meritless
position. People v Mack, 265 Mich App 122, 130; 695 NW2d 342 (2005).
Affirmed.
/s/ Kurtis T. Wilder
/s/ Mark J. Cavanagh
/s/ Henry William Saad
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