PEOPLE OF MI V MARVIN A GUNN JR
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
April 26, 2002
Plaintiff-Appellee,
V
No. 235462
Allegan Circuit Court
LC No. 98-010841-FH
MARVIN A. GUNN, JR.,
Defendant-Appellant.
Before: Gage, P.J., and Griffin and Buth*, JJ.
MEMORANDUM.
Defendant appeals by delayed leave granted his sentence for violating probation. We
reverse in part.
Defendant pleaded guilty to unlawful driving away of a motor vehicle, MCL 750.413.
He was sentenced to sixty months’ probation, and ordered to pay restitution and costs of $1,000.
Defendant pleaded guilty to violating probation, and he was sentenced to three to five years’
imprisonment, and ordered to pay remaining court costs of $887.50 and restitution of
$20,024.01. On appeal, he argues that the assessment of costs was not authorized. He does not
challenge the award of restitution.
A trial court may only require a convicted defendant to pay costs where such a
requirement is expressly authorized by statute. People v Jones, 182 Mich App 125, 126; 451
NW2d 525 (1989). There is no express provision for assessment of costs in MCL 750.413. The
probation revocation statute does not expressly grant the trial court authority to retain previously
assessed costs and fines once probation is revoked. People v Krieger, 202 Mich App 245, 248;
507 NW2d 749 (1993). Here, the trial court did not assess costs under the probation statute,
MCL 771.3, but preserved costs that were previously awarded. The trial court lacked authority
to do so. Id.
We vacate the portion of the judgment of sentence imposing costs. The remainder of
defendant’s sentence is affirmed.
/s/ Hilda R. Gage
/s/ Richard Allen Griffin
/s/ George S. Buth
* Circuit judge, sitting on the Court of Appeals by assignment.
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