Order Michigan Supreme Court Lansing, Michigan

March 9, 2016 Robert P. Young, Jr., Chief Justice

153085 Stephen J. Markman Brian K. Zahra Bridget M. McCormack David F. Viviano PEOPLE OF THE STATE OF MICHIGAN, Richard H. Bernstein Plaintiff-Appellant, Joan L. Larsen, Justices

v SC: 153085 COA: 330390 Oakland CC: 2015-255117-FH BRANDON RENAR SMITH, Defendant-Appellee.

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On order of the Court, the application for leave to appeal the January 22, 2016 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted. We note that a similar issue is presented in People v English (Docket No. 153084), which we remanded to the Court of Appeals for consideration as on leave granted by order dated March 9, 2016.

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. March 9, 2016 t0308 Clerk