Order Michigan Supreme Court Lansing, Michigan July 24, 2012 Robert P. Young, Jr., Chief Justice 142875 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: 142875 COA: 295497 Ottawa CC: 09-033711-FH BENJAMIN CURTIS WALBURG, Defendant-Appellant.

_________________________________________/ By order of June 22, 2011, the application for leave to appeal the February 10, 2011 judgment of the Court of Appeals was held in abeyance pending the decisions in People v Kolanek (Docket Nos. 142695, 142712) and People v King (Docket No. 142850). On order of the Court, the cases having been decided on May 31, 2012, 491 Mich ___ (2012), the application is again 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.

July 24, 2012 _________________________________________ h0716 Clerk