People of Michigan v. Deartis Andre Mock
333778
| Mich. Ct. App. | Dec 19, 2017Background
- Defendant Deartis Mock was convicted by jury of unarmed robbery, receiving and concealing a stolen motor vehicle, and resisting/obstructing a police officer; acquitted of assault with a dangerous weapon.
- Sentences: concurrent minimum terms of 69 months (robbery), 12 months (receiving/concealing), and 12 months (resisting); larger maximum terms as stated.
- At sentencing the court ordered $1,300 in court costs, $400 in court-appointed attorney fees, and $530 in restitution.
- On appeal Mock challenged the reasonableness of the robbery sentence (Lockridge/Milbourn proportionality), the imposition of court costs, the $400 attorney-fee assessment, and the $530 restitution award.
- The Court of Appeals affirmed the sentence, attorney fees, and restitution, but remanded for the trial court to articulate a factual basis for the $1,300 in court costs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Reasonableness of sentence | Sentence within guidelines is presumptively proportionate | Sentence is disproportionate under Lockridge/Milbourn | Affirmed: 69-mo minimum was within 36–71 guidelines range; MCL 769.34(10) bars remand absent scoring error or inaccurate info |
| Court costs ($1,300) | Costs authorized by MCL 769.1k(b)(iii) as reasonably related to actual court costs | Trial court failed to state factual basis for costs | Remanded: trial court must establish factual basis or adjust amount |
| Court-appointed attorney fees ($400) | Fees properly imposed and enforceable under MCL provisions | Court should have assessed defendant’s ability to pay before imposing fee | Affirmed: no constitutional ability-to-pay required until enforcement; defendant showed no extraordinary circumstances to rebut presumption of nonindigency |
| Restitution ($530) | Restitution supported by PSIR and prosecutor’s request on record | No documentation on record; defendant not allowed to contest amount | Affirmed: prosecution met burden via PSIR and on-record discussion; absent dispute court need not make express factual findings |
Key Cases Cited
- People v Lockridge, 498 Mich 358 (2015) (advisory sentencing guidelines post-constitutional ruling)
- People v Milbourn, 435 Mich 630 (1990) (proportionality standard for sentences)
- People v Schrauben, 314 Mich App 181 (2016) (application of MCL 769.34(10) after Lockridge)
- People v Konopka, 309 Mich App 345 (2015) (trial court must articulate factual basis for court costs under MCL 769.1k)
- People v Jackson, 483 Mich 271 (2009) (ability-to-pay and enforcement procedures for court-appointed attorney fees)
- People v Grant, 455 Mich 221 (1997) (restitution standard; reliance on PSIR when uncontested)