People v. Gourd
People v. Gourd
Opinion of the Court
Defendant pleaded guilty of negligent operation of a vehicle causing homicide, MCL 750.324; MSA 28.556, and was sentenced to serve one year in the county jail and five years probation. In addition, defendant was ordered to pay restitution to Frankenmuth Insurance Company pursuant to § 16(10) of the Crime Victim’s Rights Act (cvra), MCL 780.766(10); MSA 28.1287(766) (10), for no-fault benefits Frankenmuth paid to its insureds as a result of injuries sustained in the automobile accident caused by defendant that formed the basis of his conviction. We reverse.
Section 16(10) of the cvra was amended by 1988 PA 21, effective June 1988, to specifically include corporations as parties that could be compensated by restitution pursuant to the act. People v Norman, 183 Mich App 203; 454 NW2d 393 (1989). The trial court thus correctly found the absence of relief under the no-fault act did not preclude restitution under the cvra. Nonetheless, for different reasons, we vacate that portion of defendant’s sentence requiring restitution. Although the cvra permits the award of restitution to insurance companies, § 16(10) of the act states, in relevant part:
The court shall not order restitution with respect to a loss for which the victim or victim’s estate has received or is to receive compensation, including insurance, except that the court may, in the interest of justice, order restitution to the*496 crime victims compensation board or to any individuals, organizations, partnerships, corporations, or governmental entities that have compensated the victim or victim’s estate for such a loss to the extent of the compensation paid. [MCL 780.766(10); MSA 28.1287(766X10).]
In this case, the court failed to indicate what "interest of justice” mandated a departure from the statute’s general admonishment that restitution not be ordered with respect to a loss for which the victim or the victim’s estate received or is to receive compensation. Our review reveals no special facts in this case that lead us to conclude justice would best be served by ordering restitution to Frankenmuth.
The May 30, 1991, order requiring defendant to pay restitution to Frankenmuth is vacated.
Reversed.
Concurring Opinion
(concurring). I agree that there is nothing in the record to demonstrate that it is in the interest of justice for restitution to be paid. It seems clear to me that the statute sets forth a general rule that there may be no restitution where the victim has received compensation, but that under special circumstances the court may order restitution if it is in the interest of justice. The court would not be entitled to order restitution simply because an insurance company suffered a loss, because, if that were so, the "interest of justice” language would be superfluous. Therefore, I conclude that there must be some special reason beyond the mere fact that an insurance company was damaged in order to justify restitution to the insurance company. Because the record
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