People v. Cunningham
496 Mich. 145
Mich.2014Background
- Cunningham pleaded guilty to obtaining a controlled substance by fraud (MCL 333.7407(1)(c)) and was sentenced to 12–48 months’ imprisonment.
- He was ordered to pay $130 crime victim’s rights assessment, $68 minimum state costs, and $1,000 in unspecified “court costs.”
- The circuit court denied a motion to reduce the court costs; the Court of Appeals remanded to determine reasonable costs for felony cases in Allegan County.
- On remand, the circuit court found a reasonable relationship to actual costs using an average per-criminal-case figure of $1,238.48.
- The Court of Appeals (affirming) relied on Sanders to uphold the $1,000 court costs; this Court granted leave to appeal.
- The issue is whether MCL 769.1k(1)(b)(ii) provides independent authority to impose costs; the Court held it does not.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether MCL 769.1k(1)(b)(ii) authorizes independent costs | Cunningham | Cunningham | No; not independent authority; only costs legislatively authorized |
| Relation to Sanders decisions | Sanders misread statute | Sanders correct under prior law | Sanders overruled to the extent inconsistent with this opinion |
Key Cases Cited
- Wallace v. State, 245 Mich 310 (1929) (court costs must be statutory)
- Teasdale v. People, 335 Mich 1 (1952) (statutory cost principles in sentencing)
- Dilworth v. People, 291 Mich App 399 (2011) (statutory costs and sentencing mechanics)
- People v. Sanders, 296 Mich App 710 (2012) (assessed costs without explicit case-by-case calculation; later remand involved)
- People v. Sanders (After Remand), 298 Mich App 105 (2012) (retained reasonable flat-fee approach challenged)