Order Michigan Supreme Court Lansing, Michigan April 29, 2013 Robert P. Young, Jr., Chief Justice Michael F. Cavanagh Stephen J. Markman 146073 Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 146073 COA: 305690 Kalkaska CC: 10-003292-FH KYLE GARRET McNAMARA, 10-003294-FH Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the September 11, 2012 judgment of the Court of Appeals is considered and, it appearing to this Court that the case of People v Earl (Docket No. 145677) is pending on appeal before this Court and that the decision in that case may resolve an issue raised in the present application for leave to appeal, we ORDER that the application be held in ABEYANCE pending the decision in that case.

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.

April 29, 2013 _________________________________________ d0422 Clerk