Order Michigan Supreme Court Lansing, Michigan

October 5, 2011 Robert P. Young, Jr., Chief Justice

141457 & (48) 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: 141457 COA: 289540 STEVEN DANIEL SMOOT, Grand Traverse CC: Defendant-Appellant. 08-010647-FH _________________________________________/

By order of December 16, 2010, the prosecuting attorney was directed to answer the application for leave to appeal the June 1, 2010 judgment of the Court of Appeals. On order of the Court, the answer having been received, the application for leave to appeal is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

CAVANAGH, MARILYN KELLY, and HATHAWAY, JJ., would grant leave to appeal.

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. October 5, 2011 _________________________________________ h0928 Clerk