Order Michigan Supreme Court Lansing, Michigan June 28, 2010 Marilyn Kelly, Chief Justice 140689 Michael F. Cavanagh Elizabeth A. Weaver Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman PEOPLE OF THE STATE OF MICHIGAN, Diane M. Hathaway, Plaintiff-Appellee, Justices v SC: 140689 COA: 295345 Washtenaw CC: 08-002191-FC DEWUAN ISAAC SIMMONS, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the January 22, 2010 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court.

I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.

June 28, 2010 _________________________________________ s0621 Clerk