Order Michigan Supreme Court Lansing, Michigan

September 6, 2011 Robert P. Young, Jr., Chief Justice

142792 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: 142792 COA: 294828 Genesee CC: 09-024316-FC RICHARD STEVEN HARRISON, Defendant-Appellant.

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On order of the Court, the application for leave to appeal the January 25, 2011 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

CAVANAGH, J., would grant leave to appeal on the OV-3 scoring issue for the reasons set forth in his dissenting opinion in People v Houston, 473 Mich 399, 410-417 (2005).

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. September 6, 2011 _________________________________________ t0829 Clerk