MICHIGAN COURT OF APPEALS
Recent Published Releases
Published opinions released on 05/14/2013
People v Lloyd
Panel: Fort Hood, Fitzgerald, O'Connell (PC)
Sentencing - Restitution - Review - Standard
A trial court's order of restitution is reviewed for an abuse of discretion on appeal.
Sentencing - Restitution - Death/Serious Impairment of Body Function - Treble Restitution
If a crime resulting in bodily injuries also results in the death of a victim or the serious impairment of body function of a victim, the court may order up to three times the amount of restitution otherwise allowed.
Sentencing - Restitution - Serious Impairment of Body Function - Loss of an Eye
For restitution purposes, serious impairment of body function of a victim includes the loss of an eye. In this case, the defendant assaulted the victim by striking her in the eye with a high-heeled shoe. The trial court tripled the restitution award, which the defendant argued was an abuse of its discretion. However, the trial court was authorized to do so because there was no dispute that the victim suffered a serious impairment of a body function. The plain language of the pertinent statute did not limit, nor specify, what the trial court may consider in exercising its discretion to order as much as triple the amount of restitution allowed.