People of Michigan v. Rita Ann Gosselin

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