People of Michigan v. Robert Jerry Miles

Opinion

If this opinion indicates that it is “FOR PUBLICATION,” it is subject to revision until final publication in the Michigan Appeals Reports.

STATE OF MICHIGAN

COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED June 24, 2021

Plaintiff-Appellee,

v No. 343800 Ingham Circuit Court

ROBERT JERRY MILES, LC No. 16-000986-FC

Defendant-Appellant.

ON REMAND

Before: MURRAY, C.J., and FORT HOOD and SHAPIRO, JJ.

SHAPIRO, J. (concurring).

I concur in full as to the sentencing issues. I concur as to the matter of court costs because I am bound by People v Johnson, ___ Mich App ___; ___ NW2d ___ (2021) (Docket No. 351308). However, I disagree that MCL 769.1k(1)(b)(iii) is constitutional for the reasons set forth in my dissenting opinion in that case.

/s/ Douglas B. Shapiro