PEOPLE v. McKINLEY

This Court granted leave to appeal, in part, to address whether “Michigan’s statutory restitution scheme is unconstitutional insofar as it permits the trial court to order restitution based on *425uncharged conduct that was not submitted to a jury or proven beyond a reasonable doubt.” People v McKinley, 495 Mich 897 (2013), citing People v Gahan, 456 Mich 264; 571 NW2d 503 (1997). As our grant order illustrates, questions regarding the constitutionality of Michigan’s restitution scheme have arisen since the Legislature’s enactment of MCL 780.766(2) and after Gahan was decided. The majority,…