PEOPLE v. McKINLEY

*413McCORMACK, J.

In this case, we decide whether a trial court’s restitution award that is based solely on uncharged conduct1 may be sustained. We conclude that it cannot. We therefore overrule our decision in People v Gahan, 456 Mich 264; 571 NW2d 503 (1997), to the extent that Gahan held that MCL 780.766(2) “authorizes the sentencing court to order criminal defendants to pay restitution to all victims, even if those specific losses were not the factual predicate for the conviction.” Gahan, 456 Mich at 270. Accordingly, we vacate the portion of the judgment of sentence ordering that the…