Order Michigan Supreme Court Lansing, Michigan July 30, 2013 Robert P. Young, Jr., Chief Justice 146474 Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano, Plaintiff-Appellee, Justices

v SC: 146474 COA: 310628 Allegan CC: 09-016113-FH JOSEPH DALE BAKER, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the November 19, 2012 order of the Court of Appeals is considered, and it is DENIED, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D). The application is denied without prejudice to the defendant pursuing another motion for relief from judgment in the circuit court concerning his allegations of ineffective assistance of counsel under Missouri v Frye, 566 US __; 132 S Ct 1399; 182 L Ed 2d 379 (2012), that he was not informed by trial counsel of plea offers from the prosecutor.

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.

July 30, 2013 p0722 Clerk