Order Michigan Supreme Court Lansing, Michigan March 5, 2018 Stephen J. Markman, Chief Justice Brian K. Zahra Bridget M. McCormack 155997 David F. Viviano Richard H. Bernstein Kurtis T. Wilder Elizabeth T. Clement, PEOPLE OF THE STATE OF MICHIGAN, Justices Plaintiff-Appellee, v SC: 155997 COA: 336109 Lapeer CC: 11-010634-FC TERRY JAMES SCHWARZ, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the May 12, 2017 order of the Court of Appeals is considered, and it is DENIED, because the defendant has failed to meet the burden of establishing entitlement to relief under MCR 6.508(D).

WILDER, J., did not participate because he was on the Court of Appeals panel.

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 5, 2018 s0226 Clerk