Court costs; MCL 769.1k(1)(b)(iii); Principle that the trial court must establish a factual basis for the costs; People v Konopka (On Remand); Constitutionality of MCL 769.1k(1)(b)(iii); People v Johnson

Holding that the trial court erred by failing to demonstrate that the court costs imposed against defendant were reasonably related to its actual costs, the court affirmed his convictions and sentences, but remanded for articulation of the factual basis for the costs imposed. He was convicted of second-degree murder and FIP and was sentenced to concurrent terms of 50 to 75 years and 3 to 5 years respectively. The court noted the trial court “imposed court costs in the amount of $2,500 without explanation, thereby failing to demonstrate that the court costs were reasonably related to the trial court’s actual costs. Remand is therefore necessary to permit the trial court to articulate the factual basis for the costs imposed and, if warranted, to alter the amount of costs.” The court rejected his challenge to the constitutionality of MCL 769.1k(1)(b)(iii), noting that because Johnson is controlling on this issue, defendant’s challenge was without merit.