People v. Blaney

Defendant pled guilty to receiving and concealing stolen property over $100. He was sentenced to five years’ probation, and was assessed costs in the amount of $400 and restitution of $3,635.

Defendant argues that the trial court erred in failing to follow the mandated statutory inquiry as to whether defendant was or would be able to pay restitution during probation. We agree. We remand to the trial court for a determination of defendant’s ability to pay restitution, according to MCL 771.3(5); MSA 28.1133(5). The prosecutor in his brief has agreed to this procedure. See People v Lemon, 80 Mich…