People v. Garrison

852 N.W.2d 45, 495 Mich. 362, 2014 Mich. LEXIS 1025
CourtMichigan Supreme Court
DecidedMay 29, 2014
DocketDocket 146626
StatusPublished
Cited by43 cases

This text of 852 N.W.2d 45 (People v. Garrison) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Garrison, 852 N.W.2d 45, 495 Mich. 362, 2014 Mich. LEXIS 1025 (Mich. 2014).

Opinions

Viviano, J.

This case involves two related statutory schemes: the William Van Regenmorter Crime Victim’s Rights Act (CVRA)1 and Michigan’s general restitution statute.2 The issue is whether these statutes authorize courts to order a defendant to pay restitution for the reasonable travel expenses that victims incur while securing their stolen property and attending restitution hearings. We conclude that the statutes do authorize such payments because they require courts to order full restitution, i.e., restitution that is complete and maximal. Therefore, in lieu of granting leave to appeal, we reverse the judgment of the Court of Appeals on this issue and remand this case to the Cheboygan Circuit Court for reinstatement of the original restitution order.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

Defendant, Chad James Garrison, stole four snowmobiles and two trailers from vacation homes in Cheboygan County. He pleaded guilty to one count of larceny of property valued at $1,000 or more, but less than $20,000, in violation of MCL 750.356(1) and (3)(a), as a second-offense habitual offender. While the case was pending, the three victims of defendant’s theft traveled back and forth from their primary residences in order to secure their stolen property and attend a [366]*366restitution hearing. At the hearing, the victims testified that they had incurred travel expenses related to these trips in the cumulative amount of $1,125. The sentencing court included $977 of this amount in its restitution order over defense counsel’s objection.

Defendant appealed, and the Court of Appeals reversed the lower court on this issue. Relying on the reasoning of People v Jones,3 the Court determined that neither the CVRA nor MCL 769.1a authorizes courts to include victims’ travel expenses in a restitution award.4 The Court concluded that the sentencing court abused its discretion by doing so in this case.

Judge METER dissented from that portion of the majority opinion, arguing instead that, under MCL 780.766(2), sentencing courts have a statutory duty to make victims whole for the losses that criminals cause. Although the applicable restitution statutes do not include victims’ travel expenses in their lists of compensable losses, Judge METER did not view those lists as exhaustive because of the overarching duty created by MCL 780.766(2).5

The prosecution sought leave to appeal the Court of Appeals’ decision in this Court. On May 3, 2013, we ordered oral argument on the prosecution’s application pursuant to MCR 7.302(H)(1).6

II. STANDARD OF REVIEW

This case presents a question of statutory interpretation. We review such questions de novo.7 We review [367]*367the sentencing court’s factual findings for clear error.8

III. ANALYSIS

Our goal in interpreting a statute is to give effect to the intent of the Legislature as expressed in the statute’s language.9 Absent ambiguity, we assume that the Legislature intended for the words in the statute to be given their plain meaning, and we enforce the statute as written.10

There are two main statutes that govern restitution in Michigan: MCL 780.766 (part of the CVRA)11 and MCL 769.1a (the general restitution statute). Both statutes begin by defining “victim” as “an individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a crime.”12 The statutes then declare that sentencing courts “shall order” a defendant convicted of a crime to “make full restitution to any victim of the defendant’s course of conduct that gives rise to the conviction or to the victim’s estate.”13 Several following subsections in the statutes go on to provide detailed instructions [368]*368regarding how to calculate restitution for various types of injuries. Subsection (3) of each statute14 pertains to property loss; Subsection (4) of each statute15 pertains to a victim’s physical or psychological injury, and Subsection (5) of each statute16 also pertains to bodily injury, including death.

We begin our analysis by focusing on the statutes’ requirement that sentencing courts order “full restitution.”17 The statutes do not define “full restitution,” but the plain meaning of the word “full” is “complete; entire; maximum[.]”18 Hence, both restitution statutes impose a duty on sentencing courts to order defendants to pay restitution that is maximal and complete.

The CVRA and Article 1, § 24 of Michigan’s Constitution were enacted as part of a movement intended to balance the rights of crime victims and the rights of criminal defendants.19 One aim of these laws was “to enable victims to be compensated fairly for their suffering at the hands of convicted offenders.”20 The Legislature’s statutory direction to order defendants to pay complete, entire, and maximum restitution effectuates this goal of fair compensation.

We acknowledge that in both MCL 780.766(3) and MCL 769.1a(3), the Legislature gave specific instructions to sentencing courts regarding what must be [369]*369included in a restitution order when a crime “results in damage to or loss or destruction of property of a victim” and that these subsections do not mention victims’ travel expenses. However, this does not alter our conclusion that sentencing courts are authorized to include such costs in restitution awards. We read Subsections (3) of MCL 780.766 and MCL 769.1a as complementary to the broad mandate for complete restitution set out in their respective prior subsections, not contradictory. Subsections (3) tell courts how to evaluate specific types of losses when they occur. But nothing in the text of the statutes indicates that courts may only award restitution for the types of losses described in those subsections.21 On the contrary, as explained above, the Legislature unambiguously instructed courts to order restitution that is “full,” which means complete and maximal. Therefore, we conclude that these subsections [370]*370do not contain an exhaustive list of all types of restitution available under Michigan law for victims who suffer property damage or loss.

Our conclusion that Subsections (3) to (5) are not exhaustive is also consistent with the CVRA’s definition of “victim” for purposes of restitution, which includes those who suffer financial harm as the result of the commission of a crime.22 Not all crime victims suffer property damage, personal injury, or death. But many of these otherwise unharmed victims must travel to reclaim property, identify perpetrators, or otherwise participate in the investigatory process in the aftermath of a crime. These travels impose a real financial burden on victims in the form of transportation expenses.

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Cite This Page — Counsel Stack

Bluebook (online)
852 N.W.2d 45, 495 Mich. 362, 2014 Mich. LEXIS 1025, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-garrison-mich-2014.