PEOPLE OF MI V KYLE GARRET MCNAMARA (Memorandum)

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED September 11, 2012 Plaintiff-Appellee, v No. 305690 Kalkaska Circuit Court LC Nos. 10-003292-FH 10-003294-FH GARRET KYLE McNAMARA, Defendant-Appellant. Before: SERVITTO, P.J., and FITZGERALD and TALBOT, JJ. MEMORANDUM. Defendant pleaded guilty to possession of a controlled substance (morphine), MCL 333.7403(2)(a)(v), and to second-degree home invasion, MCL 750.110a(3). In addition to the sentences imposed, a $130 crime victim fee was assessed for each crime pursuant to MCL 780.905(1). Defendant appeals by delayed leave granted. We affirm. In People v Earl, ___ Mich App ___; ___ NW2d ___ (Docket No. 302945, issued June 19, 2012), slip op pp 5-6, citing People v Matthews, 202 Mich App 175; 508 NW2d 173 (1993), this Court determined that the Crime Victim s Rights Act (CVRA), MCL 780.751 et seq., assessment increase from $60 to $130 did not increase the defendant s punishment and, therefore, did not violate the bar against ex post facto laws. Thus, the sole issue raised by defendant is without merit. Affirmed. /s/ Deborah A. Servitto /s/ E. Thomas Fitzgerald /s/ Michael J. Talbot -1-

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