Order Michigan Supreme Court Lansing, Michigan February 1, 2012 Robert P. Young, Jr., Chief Justice 143625 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: 143625 COA: 295811 Kent CC: 05-012474-FC EDWIN GREGORIO LARIO-MUNOZ, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the June 30, 2011 judgment 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.

MARILYN KELLY, J., would remand this case for resentencing.

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.

February 1, 2012 _________________________________________ t0125 Clerk