Order Michigan Supreme Court Lansing, Michigan

November 2, 2011 Robert P. Young, Jr., Chief Justice

143117 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra, Plaintiff-Appellee, Justices

v SC: 143117 COA: 302633 Saginaw CC: 08-030880-FC DAVID ORIN SAYLOR, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the March 30, 2011 order of the Court of Appeals is considered. We DIRECT the Saginaw County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order. The prosecutor is invited to address whether the Court of Appeals correctly decided People v Fonville, ___ Mich App ___ (Docket No. 294554, decided January 25, 2011).

The application for leave to appeal remains pending.

MARILYN KELLY, J., would remand this case for a hearing pursuant to People v Ginther, 390 Mich 436 (1973).

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. November 2, 2011 _________________________________________ p1026 Clerk