Opinion
No. 131902.
June 20, 2007.
Court of Appeals No. 271028.
Summary Dispositions.
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we grant the defendant's motion for extension of time to file reply, and we vacate that portion of the sentence of the Monroe Circuit Court that ordered the defendant to pay attorney fees, and we remand this case to the trial court for a decision on attorney fees that considers the defendant's ability to pay now and in the future. See People v Dunbar, 264 Mich App 240, 252-256 (2004). At the trial court's discretion, the decision may be made based on the record without the need for a formal evidentiary hearing. If the court decides to order the defendant to pay attorney fees, it shall do so in a separate order, and not the judgment of sentence. Id. at 256; People v Nowicki, 213 Mich App 383, 386-388 (1995). 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. We do not retain jurisdiction.