Ineffective assistance of counsel; People v Carbin; Trial strategy; People v Horn; Relevance; MRE 401-402; Unfair prejudice; MRE 403; Restitution; MCL 780.766

The court held that defendant was not entitled to relief based on his claims of ineffective assistance of counsel, but should not have been ordered to pay restitution for the amount ordered. He was convicted of delivery of less than 50 grams of heroin and of conspiracy to deliver less than 50 grams of heroin. In addition to his prison sentences, he was ordered to pay $200 in restitution. On appeal, the court found that his ineffective assistance of counsel arguments, “individually or together, mainly fail because prejudice cannot be shown.” However, it agreed with defendant, and the prosecution conceded, that the trial court erred by ordering him to pay $200 in restitution. “It is undisputed that the police recovered the $200 in buy money while searching the home and defendant’s wallet. Therefore, defendant should not have been ordered to pay restitution for this amount.” Affirmed as to his convictions, but vacated as to restitution and remanded for the limited purpose of amending the judgment of sentence to eliminate the restitution provision.