Michigan v. Lewis

Robert Lewis was convicted on one count of first-degree criminal sexual conduct, and five counts of second-degree criminal sexual conduct for sexually assaulting his live-in girlfriend’s daughters. Defendant appealed, challenging his convictions and the amount of attorney fees assessed against him. The Court of Appeals affirmed defendant’s convictions and sentences in an unpublished per curiam opinion, holding that the trial court properly awarded attorney fees without making findings of fact regarding the award of attorney fees because the language of MCL 769.1k(1)(b)(iii) and (iv) of the Code of Criminal Procedure, MCL 760.1 et seq., was clear such that a separate calculation of costs was not required. The Michigan Supreme Court concluded a sentencing court could not impose attorney fees pursuant to MCL 769.1k(1)(b)(iv) without first making findings to support the amount of the fees, reversed the Court of Appeals' opinion holding to the contrary, and remanded this case for such findings. The Supreme Court affirmed Lewis' convictions. View "Michigan v. Lewis" on Justia Law