PEOPLE OF MI V ERIC WAYNE FOWLER

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V ERIC WAYNE FOWLER
Docket No. 379281
LC Nos. 2022-028802-FH; 2022-029238-FH
Daniel S. Korobkin
Presiding Judge
Colleen A. O’Brien
Philip P. Mariani
Judges
Pursuant to MCR 7.205(E)(2), in lieu of granting the application for leave to appeal, we
VACATE in part the trial court’s October 9, 2025 judgments of sentence and REMAND these matters to
that court for resentencing in accordance with this order. The trial court’s reimposition of fines, costs, and
fees in its judgments without having stated on the record its intention to do so at the resentencing hearing,
or having established their factual basis, constitutes plain error warranting relief. See People v Goulder,
___ Mich App ___; ___ NW3d ___ (2026) (Docket No. 373826); slip op at 3-6. In addition, the trial court’s
requirement that defendant pay a DNA assessment fee in LC No. 2022-028802-FH despite the statement in
the judgment that “[a] DNA sample is already on file” and “[n]o assessment is required” violates MCL
28.176(3). On remand, the trial court shall resentence defendant in accordance with Goulder, ___ Mich
App at ___; slip op at 6, and MCL 28.176(3).
This order shall have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.
_______________________________
Presiding Judge
March 5, 2026

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