Order Michigan Supreme Court Lansing, Michigan October 28, 2013 Robert P. Young, Jr., Chief Justice Michael F. Cavanagh Stephen J. Markman 147265 Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 147265 COA: 309950 Macomb CC: 2011-003687-FC KEVIN LEE SMITH, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the May 28, 2013 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.

I, Larry S. Royster, 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 28, 2013 d1021 Clerk