Order Michigan Supreme Court Lansing, Michigan October 28, 2014 Robert P. Young, Jr., Chief Justice 148709 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: 148709 COA: 311412 Calhoun CC: 2011-003709-FC GERALD DUANE McDONALD, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the December 17, 2013 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

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.

October 28, 2014 p1020 Clerk