Restitution; Crime Victim’s Rights Act (CVRA); MCL 780.766(4)(f); MCL 769.1a(2) & (5); “Actual funeral & related services”; Memorial pendants; Sentencing; OV 5 (MCL 777.35(1)(a)); Serious psychological injury; OV 6 (MCL 777.36(1)(b)); Intent to kill or injure; Manslaughter; People v Mendoza

In an order, the court granted reconsideration and vacated its prior opinion. It issued a new opinion again holding, in an issue of first impression, that the trial court erred by including two memorial pendants in defendant’s restitution obligation. It also again held that the trial court properly assessed 15 points for OV 5 and 25 points for OV 6. Defendant pled guilty to manslaughter after fatally shooting the unarmed victim as he began exiting a vehicle during a confrontation. The court first considered what constitutes “actual funeral and related services” under Michigan’s restitution statutes. It held that restitution may include goods actually purchased for a funeral, such as caskets, urns, or flowers, as well as services related to the funeral, but the expenditure must be reasonable and directly related to conducting the funeral or disposing of the victim’s remains. The two memorial pendants did not qualify because the prosecution offered no evidence that they were used to “prepare, conduct, or complete the actual funeral” or otherwise constituted related services. Turning to OV 5, the victim-impact statements describing profound and lasting emotional harm, including a family member obtaining counseling, supported the 15-point assessment for serious psychological injury. As to OV 6, the court rejected defendant’s argument that his manslaughter conviction required a 10-point score. His plea did not specify voluntary or involuntary manslaughter, and the facts supported the trial court’s finding that he acted with an intent encompassed by MCL 777.36(1)(b). The court clarified that a voluntary-manslaughter conviction may support either 25 or 10 points for OV 6 depending on the particular facts, and the record did not establish that this killing occurred in a qualifying combative situation or in response to victimization by the decedent. Affirmed in part and vacated in part.