Order Michigan Supreme Court Lansing, Michigan June 19, 2013 Robert P. Young, Jr., Chief Justice 144977 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: 144977 COA: 307865 Kent CC: 99-007914-FC IVAN RAFAEL SOTO, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the February 23, 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).

CAVANAGH, J., would grant leave to appeal.

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.

June 19, 2013 h0612 Clerk