PEOPLE OF MI V BYRON MICHAEL LACEY
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
May 2, 2000
Plaintiff-Appellee,
v
No. 213429
Wayne Circuit Court
LC No. 94-005243
BYRON MICHAEL LACEY,
Defendant-Appellant.
Before: Wilder, P.J., and Sawyer and Markey, JJ.
MEMORANDUM.
Defendant appeals as of right his conviction for probation violation. We affirm. This appeal is
being decided without oral argument pursuant to MCR 7.214(E).
Defendant pleaded guilty to a charge of unarmed robbery, MCL 750.530; MSA 28.798, and
was sentenced to two years of probation. As a condition of probation, defendant was ordered to pay
$1,000 in restitution, $330 in court costs, a $500 fine, $40 to the crime victim’s rights fund, and a
supervision fee of $1,080 at a rate of $30 per month. Defendant failed to make a complete and timely
payment of the sums required, and he was charged with violating his probation. The court found that
defendant clearly had the ability to pay the required sums, and found him guilty of violating probation.
The trial court did not clearly err in finding that defendant had adequate resources to make the
required payments. MCL 771.3; MSA 28.1133. Defendant did not challenge the amount of costs and
restitution ordered, and has waived further review. People v Music, 428 Mich 356; 408 NW2d 795
(1987). Evidence was presented to the court showing that defendant had the ability to pay the required
amount, but elected to spend his income elsewhere. The court did not err in finding defendant guilty of
violating the terms of his probation. Cf. People v Lemon, 80 Mich App 737; 265 NW2d 31 (1978).
Affirmed.
/s/ Kurtis T. Wilder
/s/ David H. Sawyer
/s/ Jane E. Markey
-1
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