People of Michigan v. Kevin Thomas Vayko ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
June 22, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
153245 & (11) Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
PEOPLE OF THE STATE OF MICHIGAN, Justices
Plaintiff-Appellee,
v SC: 153245
COA: 330579
Washtenaw CC: 15-000267-FH
KEVIN THOMAS VAYKO,
Defendant-Appellant.
_________________________________________/
On order of the Court, the motion for immediate consideration is GRANTED.
The application for leave to appeal the January 8, 2016 order of the Court of Appeals is
considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we
VACATE the Washtenaw Circuit Court’s imposition of probation-supervision fees and
REMAND this case to that court for further proceedings. On remand, in addition to the
relief ordered by the Court of Appeals, the circuit court shall amend the presentence
report to correct the statutory citation for the defendant’s conviction offense. The
presentence report currently reflects that the defendant was convicted pursuant to MCL
750.520e(1)(a), but the defendant was convicted under MCL 750.520e(1)(b). The circuit
court shall forward a copy of the amended presentence report to the Department of
Corrections. Furthermore, the circuit court shall impose probation-supervision fees in
accordance with MCL 771.3c. 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, Larry S. Royster, 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.
June 22, 2016
s0615
Clerk