Order Michigan Supreme Court Lansing, Michigan May 27, 2014 Robert P. Young, Jr., Chief Justice Michael F. Cavanagh Stephen J. Markman 146913 Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 146913 COA: 308145 Saginaw CC: 10-034957-FC JAMES WALTER GUNN, Defendant-Appellant.

_________________________________________/ By order of July 30, 2013, the application for leave to appeal the February 7, 2013 judgment of the Court of Appeals was held in abeyance pending the decision in People v Earl (Docket No. 145677). On order of the Court, the case having been decided on March 26, 2014, 495 Mich 33 (2014), the application is again 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.

May 27, 2014 d0519 Clerk