People of Michigan v. Rita Ann Gosselin ( 2012 )

Order Michigan Supreme Court
Lansing, Michigan
December 5, 2012 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Marilyn Kelly
145212 Stephen J. Markman
Diane M. Hathaway
Mary Beth Kelly
Brian K. Zahra,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 145212
COA: 308923
Wayne CC: 09-030905-FH
RITA ANN GOSSELIN,
Defendant-Appellant.
____________________________________/
On order of the Court, the application for leave to appeal the April 17, 2012 order
of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Wayne Circuit Court for
correction of the judgment of sentence to delete the requirement that the defendant pay
one-third of her restitution obligation before she may be released on parole. The trial
court had no authority to impose the restitution obligation as a condition of parole. See
People v Greenberg, 176 Mich App 296, 310-311 (1989). In all other respects, leave to
appeal is DENIED, because we are not persuaded that the remaining questions presented
should be reviewed by this Court.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
December 5, 2012 _________________________________________
s1128 Clerk