Order Michigan Supreme Court Lansing, Michigan March 16, 2018 Stephen J. Markman, Chief Justice Brian K. Zahra Bridget M. McCormack 153080 David F. Viviano Richard H. Bernstein Kurtis T. Wilder Elizabeth T. Clement, Justices PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v SC: 153080 COA: 329742 Ontonagon CC: 14-000098-FH ROBERT A. JOHNSON, Defendant-Appellant.

_________________________________________/ On order of the Court, the application for leave to appeal the January 19, 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 the Court of Appeals currently has before it the case of People v Davis, Docket No. 335569, a case we remanded for consideration as on leave granted on March 7, 2018. The Davis case involves an issue similar to one presented in this case, and the court’s disposition in Davis may be instructive in resolving that issue.

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 16, 2018 s0313 Clerk