Order Michigan Supreme Court Lansing, Michigan January 25, 2013 Robert P. Young, Jr., Chief Justice 145971 Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 145971 COA: 311012 Wayne CC: 11-003252-FC ANTHONY TONY HOWZE, a/k/a ANTHONY TONY SPYDELL, Defendant-Appellant.

____________________________________/ On order of the Court, the application for leave to appeal the August 14, 2012 order of the Court of Appeals is considered. We DIRECT the Wayne County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order, addressing the issue whether the defendant should be allowed the opportunity to withdraw his plea in light of People v Cole, 491 Mich 325 (2012).

The application for leave to appeal remains pending.

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.

January 25, 2013 _________________________________________ h0122 Clerk